Delhi High Court
National Insurance Company Ltd. vs Nitu & Ors. on 9 October, 2009
Author: J.R. Midha
10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.292/2009
% Date of decision: 09th October, 2009
NATIONAL INSURANCE COMPANY LTD. ..... Appellant
Through : Mr. Manoj Ranjan Sinha, Adv.
versus
NITU & ORS. ..... Respondents
Through : Mr. Anshuman Bal, Adv.
for R-1 to 8.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may YES
be allowed to see the Judgment?
2. To be referred to the Reporter or not? YES
3. Whether the judgment should be YES
reported in the Digest?
JUDGMENT (Oral)
1. The appellants have challenged the award of the learned
Tribunal whereby compensation of Rs.6,92,008/- has been
awarded to claimants/respondents No.1 to 8.
2. The accident dated 28th November, 2004 resulted in the
death of Sadiq. The deceased was survived by his widow and
seven minor children who filed the claim petition before the
learned Tribunal.
3. The deceased was aged 35 years at the time of the accident
and was working with Smart Band earning Rs.5,000/- per month.
However, in the absence of sufficient proof, the learned Tribunal
took the minimum wages of Rs.2,895/- per month into
consideration. The learned Tribunal took note of increase in
minimum wages due to inflation and rise in price index and took
the average of minimum wages and its double to compute the
loss of dependency at Rs.6,67,008/-. Rs.25,000/- has been
awarded towards loss of love and affection and funeral expenses.
The total compensation awarded is Rs.6,92,008/-.
4. The only ground raised by learned counsel for the appellant
at the time of hearing of this appeal is that the increase in
minimum wages due to inflation and rise in price index should not
have been taken into consideration by the learned Tribunal.
5. This case is squarely covered by the catena of judgments of
this Court in the cases of Kanwar Devi vs. Bansal Roadways,
2008 ACJ 2182, National Insurance Company Limited vs.
Renu Devi III (2008) ACC 134 and UPSRTC vs. Munni Devi,
MAC.APP.No.310/2007 decided on 28.07.2008 where it has
been held that the Court should take judicial notice of increase in
minimum wages to meet the increase in price index and inflation
rate. The Court has taken the view that the minimum wages get
doubled over the period of 10 years and increase in minimum
wages is not akin to future prospects.
6. This case is squarely covered by the aforesaid judgments of
this Court and the learned Tribunal was justified in taking note of
increase in minimum wages. There is no infirmity in the award of
the learned Tribunal.
7. There is no merit or substance in this appeal which is
dismissed.
8. The appellant has deposited the entire award amount along
with interest with the learned Tribunal. The learned Tribunal has
retained one fixed deposit receipt of Rs.2,00,000/- in terms of the
order dated 5th June, 2009. Since the appeal has been dismissed,
the learned Tribunal is directed to release the FDR of
Rs.2,00,000/- to the claimants in terms of its award.
J.R. MIDHA, J
OCTOBER 09, 2009
aj
