National Insurance Company Ltd. vs Prem Kumar & Ors.
2012 Latest Caselaw 6779 Del

$ 15
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      Date of decision: 27th November, 2012
+        MAC. APP. 1140/2012

         NATIONAL INSURANCE COMPANY LTD.             ..... Appellant
                      Through: Ms. Archana Gaur with Mr. Ajit Kumar,
                               Advocates.
                 Versus

         PREM KUMAR & ORS.                                ..... Respondents
                     Through:            Mr. Advocate(presence not given)

         CORAM:
         HON'BLE MR. JUSTICE G.P.MITTAL

                                 JUDGMENT

G. P. MITTAL, J. (ORAL)

CM.APPL.18374/2012(delay) For the reasons stated in the Application, delay of 56 days in filing the Appeal is condoned.

CM.APPL.18374/2012 stands disposed of. MAC.APP.1140/2012

1. The learned counsel for the parties submit that without going into the contentions raised, the parties have no objection if the Appeal is decided on the minimum wages of an unskilled worker with an addition of 30% on the basis of the judgment of the Supreme Court in Santosh Devi v. National Insurance Company Ltd. & Ors., 2012 (4) SCALE 559.

2. The Claims Tribunal while awarding a compensation, took the minimum wages as `6422/- which is correct as per the notification issued by the Government of NCT of Delhi. The loss of dependency thus comes to

`6,51,190/-(`6,422/- + 30% x 1/2 x 12 x 13) as against `7,51,452/- awarded by the Claims Tribunal.

3. In addition, the Respondents are entitled to a sum of `25,000/- towards loss of love and affection and `10,000/- each towards loss to estate and funeral expenses.

4. The overall compensation thus comes to `6,96,190/- which shall carry interest @ 7.5% per annum as awarded by the Claims Tribunal.

5. The excess amount of `90,262/- along with proportionate interest and the interest earned, if any, during the pendency of the Appeal shall be refunded to the Appellant Insurance Company. Since it was a DAR case, the Respondents No.1 and 2 shall be entitled to interest w.e.f. 16.03.2012.

6. The Appeal is disposed of in above terms.

7. Statutory amount of `25,000/-, if any, shall be refunded to the Appellant Insurance Company.

8. Pending Applications stand disposed of.

(G.P. MITTAL) JUDGE NOVEMBER 27, 2012 pst