New India Assurance Co Ltd vs Dilram Jaisi & Ors
2016 Latest Caselaw 6599 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                  Date of Decision: 21st October, 2016

+     MAC.APP. 11/2015

      NEW INDIA ASSURANCE CO LTD          ..... Appellant
                   Through: Mr.Sameer Nandwani, Mr.P.
                            Acharya, Advocates.

                          versus

      DILRAM JAISI & ORS                               .... Respondents
                     Through:           Mr.Saurav Bhasin, Advocate
                                        for respondent No.2.

      CORAM:
      HON'BLE MR. JUSTICE J.R. MIDHA

                          JUDGMENT

CM No.74/2015

1. The appellant has challenged the award of the Claims Tribunal whereby the Claims Tribunal has awarded Rs.9,56,000/- to respondents No.1 and 2.

2. The accident dated 19th September, 2013 resulted in the death of Padam Jaisi. The deceased was aged 16 years at the time of the accident and was survived by his parents who filed the claim petition before the Claims Tribunal. The deceased was working as a cook with a Dhaba named Yash Hotel at Rewari earning Rs.6,000/- per month as salary apart from free food and accommodation. The Claims Tribunal took into consideration the minimum wages of Rs.5,471/- in respect of

a semi-skilled worker at the relevant time in Haryana. The Claims Tribunal added 50% towards the future prospects, deducted 50% towards personal expenses of the deceased and applied multiplier of 18 to compute the loss of dependency at Rs.8,86,000/-. The Claims Tribunal awarded Rs.50,000/- towards loss of love and affection, Rs.10,000/- towards loss of estate and Rs.10,000/- towards funeral expenses. The total compensation awarded is Rs.9,56,000/-

3. Vide ex parte interim order dated 6th January, 2015, the appellant was directed to deposit 75% of the award amount along with proportionate interest. However, the proof of deposit is not on record. Let the same be filed within two weeks.

4. The ex parte interim order dated 6th January, 2015 is modified and the appellant is directed to deposit the balance award amount along with upto date interest with UCO Bank, Patiala House Court Branch by means of a cheque drawn in the name of UCO Bank A/c Durga Devi Jaisi within four weeks.

5. The application is disposed of.

6. Copy of this judgement be given dasti to counsels for the parties under signatures of the Court Master.

J.R. MIDHA, J.

OCTOBER 21, 2016 ak