The New India Assurance Co. Ltd. vs Neelam & Ors.
2019 Latest Caselaw 3716 Del

$~48
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                                 Decided on: 08.08.2019

+               MAC.APP. 269/2019 & CM No.8255/2019

       THE NEW INDIA ASSURANCE CO LTD.              ..... Appellant
                     Through: Mr. D. K. Sharma, Advocate.

                           Versus

       NEELAM & ORS.                                      ..... Respondents
                   Through:           Mr. S. N. Parashar, Advocate.

CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI

NAJMI WAZIRI, J. (Oral)

1. The award of compensation passed by the learned Tribunal on 22.12.2018 has been impugned by the insurance company on the ground that minimum wages ought to have been taken as Rs.13,350/- instead of Rs.16,858/- and, therefore, the order is erroneous and ought to be set aside. The Court's attention is drawn to the minimum wages applicable in Delhi as on the date of the accident i.e. 09.07.2018. The minimum wages applicable in Delhi with effect from 03.03.2017 for a matriculate were Rs.16,182/- and DA was revised at the rate of Rs.286/- and Rs.390/- with effect from 01.04.2017 and 01.04.2018 respectively. Accordingly, the minimum wages applicable would be Rs.16,858/-, which has been rightly considered by the learned Tribunal.

2. There is no occasion to interfere with the impugned order. The appeal is without merits and is accordingly dismissed. The pending application also stands dismissed.

3. The awarded amount, alongwith interest accrued thereon, be released to the beneficiaries of the award in terms of the scheme of disbursement specified therein.

4. The statutory deposit of Rs.25,000/-, alongwith interest accrued thereon, be deposited in the 'AASRA' Fund.

NAJMI WAZIRI, J.

AUGUST 08, 2019 sb