Icici Lombard General Insurance ... vs Smt.Satti Devi & Ors.
2011 Latest Caselaw 4174 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

%                             Date of Judgment: 26.8.2011

+           MAC APPEAL No.769/2011

ICICI LOMBARD GENERAL INSURANCE CO. LTD.
                                 ...........Appellant
                   Through: Ms.Suman Bagga, Advocate.
              Versus

SMT.SATTI DEVI & ORS.             ..........Respondents
                   Through: Nemo.
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)

CM No.15973/2011 (for exemption)

Exemption is allowed subject to just exceptions.

CM No.15974/2011 (for delay)

In view of the averments made in the application the delay

of 24 days in filing the appeal is condoned.

Application is disposed of.

MAC APPEAL No.769/2011

1 The Award impugned is the Award dated 02.5.2011 vide

which the total compensation in the sum ` 7,10,506/- along with

interest @ 7.5 % per annum had been awarded in favour of the

claimant. Record shows that the deceased while going on foot on

28.11.2008 suffered an accident; as a result of which he

succumbed to his injuries. Oral and documentary evidence was

led. Award was accordingly passed in the aforenoted amount.

The court had awarded the compensation keeping in view the

minimum wages of the deceased which had been calculated at

`3849/- per month. 50% was added as the cost of price index and

inflation rate. This is the primary ground of appeal and this is the

grievance of the appellant. This court has taken a consistent view

in this regard; even in cases of minimum wages price index and

inflation rate has to be taken into account; judicial notice is taken

of the fact that in the next 10 years there would be a price rise

and 50% is added to minimum wages on this count. This has been

noted in a catena of judgment of this court reported in 2008 ACJ

2182 Delhi Kanwar Devi & Ors. Vs. Bansal Roadways & Ors., 2007

ACJ 2165 Lekh Raj & Anr. Vs.Suram Singh & Ors. 2009 ACJ 1921

(Delhi) National Insurance Company Ltd. Vs. Renu Devi. The

impugned Award on this court thus suffers from no infirmity. The

Award has not been challenged on any other ground.

 2     Dismissed.


3     Copy of this order be given dasti under the signature of the

Court Master.




                                        INDERMEET KAUR, J.
AUGUST 26, 2011
nandan