Rahul & Ors. vs Amit Kumar & Ors
2012 Latest Caselaw 5710 Del

$~32

*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                         Date of decision: 21st September, 2012

+        MAC. APP. No.1052/2012

         RAHUL & ORS.                                      ..... Appellants
                              Through:    Mr. Manish Maini, Advocate


                         Versus


         AMIT KUMAR & ORS                                  .....Respondents
                      Through:            Mr. Sameer Nandwani, Advocate for the
                                          Respondent No.3 Insurance Company.


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

                                  JUDGMENT

G. P. MITTAL, J. (ORAL)

1. Issue notice to the Respondent No.3 United India Insurance Company Ltd.

2. Mr. Sameer Nandwani, Advocate appearing on behalf of the Respondent No.3 accepts notice.

3. The short ground urged by the learned counsel for the Appellant in the Appeal is that minimum wages of an unskilled worker on the date of the accident were `6,422/- as against `6,089/- taken by the Motor Accident Claims Tribunal(the Claims Tribunal).

4. I have perused the notification issued by the Govt. of NCT of Delhi under the Minimum Wages Act. Since this is the only point raised, the Appeal can be finally disposed of.

5. The learned counsel for the Respondent Insurance Company concedes that the minimum wages of an unskilled worker on the date of the accident, that is, 02.04.2011 were `6,422/-. The loss of dependency would, therefore, come to `9,35,043/-(`6422/- x 12 x 14 + 30% x 2/3) as against `8,86,536/-. Consequently, the compensation stands enhanced by `48,507/- which shall carry interest @ 7.5% per annum from the date of the filing of the Petition till its payment.

6. The enhanced compensation of `48,507/- along with interest shall be deposited in the name of the Appellants No.1 and 2 in equal shares with the Claims Tribunal by the Respondent No.3 United India Insurance Company Ltd. within six weeks and held in fixed deposits in a nationalized bank till they attain the age of 21 years.

7. The Appeal is allowed in above terms.

(G.P. MITTAL) JUDGE SEPTEMBER 21, 2012 pst