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by Admin
07 May 2024 2:49 AM
In a significant judgment, the High Court of Delhi has revised the compensation awarded to Smt. Geeta, a victim of a traffic accident involving an auto-rickshaw. The court notably increased the compensation from Rs. 6,57,197 to Rs. 9,58,519, recognizing the unique challenges faced by domestic workers in proving their income.
Justice Anish Dayal, presiding over the case, observed, “The requirement of proof even in situations where there are unskilled workers are paid in cash, cannot work to the prejudice of the claimant.” This statement highlights the court’s sensitivity to the realities of informal employment, particularly in domestic work, where formal documentation of wages is often absent.
The case, SMT GEETA VERSUS MOHD JAMALUDDIN & ORS, revolved around the appellant Smt. Geeta’s claim for compensation following a severe accident on July 19, 2005. Suffering extensive injuries, including a 71% permanent disability, the appellant initially faced challenges in her claim due to the absence of formal proof of her income as a domestic worker.
The High Court’s decision marks a departure from the Motor Accident Claims Tribunal’s (MACT) earlier judgment. While MACT had based the compensation on minimum wages, citing the lack of documentary evidence of the appellant’s claimed income, the High Court took a more empathetic view.
Justice Dayal further added, “A domestic servant will be paid in cash and there will be no documentation either on the side of the employer or the employee for receipt of such wages.” This acknowledgment has been hailed by legal experts as a progressive step towards understanding the nuances of unorganized labor sectors.
The court also addressed other aspects of the case, such as the functional disability assessment, which it increased to 60% from the original 71% permanent disability, considering the appellant’s occupation and the extent of her injuries.
Decision: 18 December, 2023
SMT GEETA VS MOHD JAMALUDDIN & ORS
