Bajaj Allianz General Insurance ... vs Johna & Others
2011 Latest Caselaw 3944 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

%                              Date of Judgment: 12.08.2011

+            MAC APPEAL No. 396/2010

BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.
                                         ...........Appellant
                   Through: Ms. Neerja Sachdeva,
                            Advocate.

                   Versus

JOHNA & OTHERS                                  ..........Respondents
                          Through:   Ms. Shantha Devi Raman,
                                     Advocate for Respondents No.
                                     1 to 4.
                                     Mr. Anand Nandan, Advocate
                                     for Respondents No.5 and 6.

CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR

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

    2. To be referred to the Reporter or not?             Yes

    3. Whether the judgment should be reported in the Digest?
                                                         Yes

INDERMEET KAUR, J. (Oral)

1 The Award impugned is the Award dated 6th May, 2010 vide

which compensation in the sum of ` 5,37,552/- has been awarded

in favour of the claimants. The only ground of the appellant-

Company is that the deceased being 58 years of age who future

prospects could not have been taken into account in view of the

judgment of the Supreme Court in Sarla Verma Vs. DTC (2009) 6

SCC 121.

2 Learned counsel for the respondents No.1 to 4 has disputed

this submission; it is pointed out that in the case of Sarla Verma

(supra), the question of doubling of minimum wages was not an

issue before the Supreme Court. In view of the judgments of this

Court reported in I (2010) ACC 120 New India Assurance Co. Ltd.

Vs. Jagpati & Ors." and Smt. Meena Khanna & Ors. Vs. Ram

Niswas & Ors. in MAC Appeal No. App.723/2010 decided on 5th

August, 2010, the Award suffers from no infirmity. Judicial notice

has been taken of this fact; even in case of minimum wages where

the deceased was 58 years of age, in view of price rise and cost

index inflation, minimum wages have been doubled to compute

the loss of income.

3     The appeal is dismissed.

4     The statutory amount be released and the amount be

released to the claimant in terms of the Award.

INDERMEET KAUR, J.

AUGUST 12, 2011 vk