Kumar Steel Inc. vs Iffco Tokio Gen. Ins. Co. Ltd. & ...
2010 Latest Caselaw 2875 Del

       * IN THE HIGH COURT OF DELHI AT NEW DELHI

                                            Date of Reserve: May 17, 2010
                                               Date of Order: June 1, 2010
MAC. APP. 73/2009
%                                                         01.06.2010

KUMAR STEEL INC.                                         ... Petitioner
                          Through: Mr. Sumit Gupta, Advocate

             Versus


IFFCO TOKIO GEN INS. CO. LTD. & ORS                       ... Respondents
                  Through:


JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporter or not?

3. Whether judgment should be reported in Digest?

JUDGMENT

1. During pendency of this appeal, this Court considered that the

LRs/dependents of deceased were liable to receive at least the

compensation under the Workmen Compensation Act out of the amount

already deposited by the appellant.

2. It seems to be a case where deceased was working with the

appellant and he got killed while driving the scooter owned by the

appellant company. Evidently, the deceased was going for some work of

the company, otherwise the company would not have provided him a

scooter. The age of the deceased was 28 years. His annual salary has

been mentioned as Rs. 39,000/- on the date of accident which is less than

minimum wages of a person. I consider that the deceased was liable to

draw minimum wages at the time of accident.

3. The proper principle amount under the Workmen Compensation

Act payable to the LRs of deceased would be Rs. 211.79 x 1795 = Rs.

3,80,163/-. The injured died on 28th November, 2005. The LRs of

deceased have not received any amount so far and I consider that they

would be entitled to a reasonable interest on this amount, say, 10% per

annum. Thus, the total amount under the Workmen Compensation Act,

without penalty would be Rs. 3,80,163/- + Rs. 1,71,000/- = Rs. 5,50,000/-

(approximately). I, therefore, direct that out of the amount deposited by

the appellant, a sum of Rs. 5,50,000/- be released in favour of the

claimants forthwith by the Registrar General of this Court.

List this matter in the category of "Regular Matters" at its own

turn.

June 1, 2010                          SHIV NARAYAN DHINGRA, J.
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