Delhi High Court
National Insurance Co. Ltd. vs Sushil Kumar & Ors. on 14 January, 2010
Author: J.R. Midha
1
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.276/2005
Date of Decision: 14th January, 2010
%
NATIONAL INSURANCE CO. LTD. ..... Appellant
Through : Mr. Manoj Ranjan Sinha, Adv.
versus
SUSHIL KUMAR & ORS. ..... Respondents
Through : Mr. Sanjeev Chauhan and
Mr. Vipin Nandwani, Advs.
for R-1.
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)
CM No.16045-46/2008
1. For the reasons stated in the applications, the delay in
filing restoration applications is condoned and the appeal is
restored to its original number.
2. Both CMs stand disposed of.
MAC.APP. 276/2005
1. The appellant has challenged the award of the learned
Tribunal whereby compensation of Rs.9,94,500/- has been
awarded to claimant/respondent No.1.
2. The accident dated 29th August, 1999 resulted in
grievous injuries to claimant/respondent No.1.
Claimant/respondent No.1 was aged 28 years at the time of
the accident and was working as a driver and he suffered
amputation of right hand. The learned Tribunal awarded
compensation of Rs.9,94,500/- to claimant/respondent No.1.
3. Claimant/respondent No.1 was claimed to have been
earning Rs.4,000/- per month at the time of the accident.
However, in the absence of sufficient documentary proof of
income, the learned Tribunal took the minimum wages of
Rs.2,800/- per month and took the increase in minimum
wages into consideration for computation of compensation.
4. The only ground urged by learned counsel for the
appellant at the time of hearing of this appeal is that the
increase in minimum wages should not have been taken into
consideration.
5. It is well settled by 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 that
the Court should take judicial notice of increase in minimum
wages due to increase in price index and inflation rate. This
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. There is no infirmity in the finding of the learned
Tribunal in taking into consideration the increase in minimum
wages due to inflation and rise in price index.
7. The appeal is dismissed. No order as to costs.
8. The appellant has deposited the entire award amount
with the Claims Tribunal in terms of the order dated 11 th
April, 2005 out of which Rs.6,00,000/- has been released to
claimant/respondent No.1.
9. The learned Tribunal is directed to release the
remaining award amount to claimant/respondent No.1 in
terms of the award within a period of four weeks and send
the compliance report to this Court.
10. If the cheques deposited by the appellant have expired,
the Claims Tribunal is directed to hand over the said cheques
to claimant/respondent No.1 who shall personally hand over
the same to learned counsel for the appellant whereupon the
appellant shall deposit fresh cheques along with up to date
interest with the Claims Tribunal within 30 days.
11. List for reporting compliance on 24th February, 2010.
12. Copy of this order be given 'Dasti' to learned counsel
for the parties under the signature of Court Master.
J.R. MIDHA, J
JANUARY 14, 2010
aj
