SC said on accident claim: Reliance on minimum wage notification is not necessary for assessing income


Supreme Court
– Photo: social network

The Supreme Court has ruled that notification of the minimum wage law can only be a determining factor where there is no method for assessing the deceased’s monthly income. The superior court said that in the event of positive evidence, notification cannot be invoked. A bench by Judge Surya Kant and Judge MM Sundaresh, while quashing an order from the High Court of Punjab and Haryana, reinstated the decision of the Motor Accident Claims Tribunal (MACT), Karnal.

The High Court has stated that the reason for the reduction of the deceased’s monthly income by the High Court is completely secret and there is no justification for it. The High Court of Punjab and Haryana relied on the notice issued by the State of Haryana setting the minimum wage at the relevant time and assessing the deceased’s income at Rs 7,000 per month and on this basis the High Court reduced the amount of compensation. But the Supreme Court, taking note of MACT’s findings, noted that the court’s approach is entirely appropriate in accordance with the law as well as the facts.

The court held that in summary proceedings where the court’s approach to determination was to be consistent with the purpose of the Welfare Act, it was rightly held that the deceased’s monthly income could not be less than Rs 25,000. The deceased had been regularly paying monthly installments of Rs 11,550 for the tractor loan from March 2014 and the entire loan debt was paid off until March 2015, the payment was made even after his death. The court upheld the appeal filed by the dependents of the deceased by challenging the order of the High Court of Punjab and Haryana and found that the applicants were entitled to compensation according to the court decision.

Expansion

The Supreme Court has ruled that notification of the minimum wage law can only be a determining factor where there is no method for assessing the deceased’s monthly income. The superior court said that in the event of positive evidence, notification cannot be invoked. A bench by Judge Surya Kant and Judge MM Sundaresh, while quashing an order from the High Court of Punjab and Haryana, reinstated the decision of the Motor Accident Claims Tribunal (MACT), Karnal.

The High Court has stated that the reason for the reduction of the deceased’s monthly income by the High Court is completely secret and there is no justification for it. The High Court of Punjab and Haryana relied on the notice issued by the State of Haryana setting the minimum wage at the relevant time and assessing the deceased’s income at Rs 7,000 per month and on this basis the High Court reduced the amount of compensation. But the Supreme Court, taking note of MACT’s findings, noted that the court’s approach is entirely appropriate in accordance with the law as well as the facts.

The court held that in summary proceedings where the court’s approach to determination was to be consistent with the purpose of the Welfare Act, it was rightly held that the deceased’s monthly income could not be less than Rs 25,000. The deceased had been regularly paying monthly installments of Rs 11,550 for the tractor loan from March 2014 and the entire loan debt was paid off until March 2015, the payment was made even after his death. The court upheld the appeal filed by the dependents of the deceased by challenging the order of the High Court of Punjab and Haryana and found that the applicants were entitled to compensation according to the court decision.

#incident #claim #dependence #minimum #salary #notification #evaluation #income

Previous one Work

Edmonton intervenes to ban single-use plastic and polystyrene containers

Leave a Reply

Your email address will not be published. Required fields are marked *