Geeta Devi & Ors. vs Iffco Tokio Gen. Ins. Co. & Ors.
2013 Latest Caselaw 3964 Del

$~22
*    IN THE HIGH COURT OF DELHI AT NEW DELHI


%                                  Judgment delivered on:5th September, 2013

+                               MAC.APP. 751/2013


       GEETA DEVI & ORS.                                    ..... Appellants
                     Through:           Mr. Anshuman Bal, Advocate.

                          Versus

       IFFCO TOKIO GEN. INS. CO. & ORS.          ..... Respondents
                     Through: Ms. Suman Bagga, Advocate for
                                Respondent No.1.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. The present appeal is preferred for enhancement of the compensation amount against the impugned award dated 18.05.2013, whereby the learned Tribunal has awarded a sum of Rs.12,48,376/- as compensation.

2. The sole ground argued by the learned counsel appearing on behalf of the appellants/claimants is that the learned Tribunal has erred in considering a sum of Rs.5278/- per month as minimum wages of non-matriculate prevalent at that time. Whereas, as per the Minimum Wages Act, 1948, the minimum wages of non-matriculate prevalent at that time, i.e., on 01.02.2010, the date of the accident, were Rs.5,850/- per month.

3. Learned counsel appearing on behalf of the respondent No.1/Insurance Company submitted that she does not dispute the proposition advanced by the learned counsel for the appellants/claimants.

4. Accordingly, keeping in view the minimum wages of non-matriculate prevailing at the relevant time, i.e., on 01.02.2010, the income of the deceased is taken as Rs.5850/- per month.

5. Consequently, after taking sum of Rs.5850/- as minimum wages, the compensation on account of loss of dependency would be Rs.11,23,200/- (Rs.5850 X 12 X 16).

6. Thus, the compensation amount is enhanced for Rs.1,09,824/- (Rs.11,23,200 - Rs.10,13,376), which shall carry interest @ 7.5% per annum from the date of filing of the petition till the date of realization.

7. Respondent No.1/Insurance Company is directed to deposit the enhanced compensation amount of Rs.1,09,824/- along with interest @ 7.5% per annum within six weeks from today with the Registrar General of this Court, failing which, appellants/claimants shall be entitled for penal interest @ 12% per annum on account of delayed payment.

8. On deposit, the Registrar General is directed to release the same in favour of the appellants/claimants as per the ratio prescribed in the award dated 18.05.2013 passed by the learned Tribunal.

9. The instant appeal is allowed on the above terms.

10. There is no order as to costs.

11. A copy of this order be given dasti to the learned counsel for the parties.

SURESH KAIT, J.

SEPTEMBER 05, 2013 Sb/RS