HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW FIRST APPEAL FROM ORDER No. - 479 of 2025 Court No. - 19 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. Heard learned counsel for the appellant, learned counsel for the respondents/claimants and perused the record. The instant F.A.F.O has been preferred against the judgment order and award dated 12.08.2025 passed by learned Motor Accident Claims Tribunal (South) Lucknow in Claim Petition No.78 of 2022 (Kumkum Yadav and others Vs. Vinod Kumar Singh and others) whereby a sum of Rs. 39,25,600/- alongwith 7% simple interest has been awarded to the claimants as death compensation on account of death of Umesh Yadav @ Uttam in a motor accident. The appellant is said to be Insurer of the offending vehicle/ Truck bearing registration No. U.P. 31-EN/ 0498. It is stated that when the accident took place on 28.10.2021 at about 08.00 p.m. the deceased/ Umesh Kumar Yadav was driving Scooty alongwith his friend Rajat Saxena on pillion. The offending vehicle hit the Scooty as a result of which the deceased died on the spot. The deceased/ Umesh Kumar Yadav was working as an Accountant in Singh Associates and his monthly salary was Rs.20,000/- . Learned counsel for the appellant has placed reliance on the statement of P.W.-3, Karunesh, the Proprietor of the Company, who has stated that the deceased was getting Rs. 20,000/- as salary, out of which Rs. 12000/- was used to be sent in his account and getting Rs. 300/- per day as incentive. Versus Counsel for Appellant(s) : Prasoon Kumar Rai Counsel for Respondent(s) : Abhishek Vishwakarma, Durgesh Gupta The New India Insurance Company Ltd., Lko. Thru. Manager .....Appellant(s) Kumkum Yadav And Others .....Respondent(s) He further submitted that the Surveyor of the appellant has collected the documents and the Tribunal has placed reliance on a letter head issued by the Company wherein it has been mentioned that Rs. 300/- per day was paid to the deceased as incentive algonwith Rs.12000/- as salary, therefore, incentive should not have been included in the salary of the deceased by the Tribunal. Per contra, learned counsel for the respondents submitted that there was no occasion before the Tribunal to disbelieve the testimony of the employer of the deceased, who stated before the Tribunal that the deceased was earning Rs.20000/- towards salary, out of which Rs. 12,000/- was paid to him in his account and he was paid Rs.300/- per day in case as incentive. It is apparent from the salary certificate issued from the office of the employer that the deceased was getting Rs.12,000/- as salary and Rs. 300/- per day as incentive. Even if Rs. 300/- per day was given to the deceased as incentive , the same will be included in his monthly earning. Even earning of a person on daily wages are taken into consideration while assuming his monthly income for the purpose of awarding death/ injury claim compensation under law. In support of his arguments, learned counsel for the respondents has placed reliance on a judgment of Hon'ble Supreme Court in the case of Alok Kumar Ghosh Vs. The New India Assurance Company Ltd. and another passed in Civil Appeal No. 10482 of 2017 wherein it has been held that in our view, the High Court also adopted a hyper technical approach and overlooked the provisions of Section 19 of the Workmen's Compensation Act, 1923 while modifying the award passed by the Commissioner to the disadvantage of the employee ( i.e. the claimant) when there was no dispute regarding the liability of the insurance company under the contract of the insurance. From the perusal of record, it transpires that the learned Tribunal has ascertained the monthly income of the deceased as Rs.18,000/- per month computation of compensation which is less than the monthly gross emoluments of the deceased except as regard to quantum of compensation. No other substantial ground has been taken in the appeal. Therefore, I find no good ground to admit the appeal which will neither FAFO No. 479 of 2025 2 serve any purpose of law nor in the interest of justice. The appeal deserves to be dismissed in limine. Accordingly the appeal is dismissed in limine. The statutory amount of Rs.25,000/- deposited before this Court at the stage of filing of appeal, shall be remitted to the Tribunal concerned which shall be adjusted towards the awarded amount and the same shall be paid to the claimants. November 11, 2025 dk/ FAFO No. 479 of 2025 3 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench