Tata Aig General Insurance ... vs Pooja Kumari & Ors.
2019 Latest Caselaw 4094 Del

$~16
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                                  Decided on: 03.09.2018

+      MAC.APP. 865/2018 & CM APPL. 40163/2018
       TATA AIG GENERAL INSURANCE COMPANY LTD
                                            ..... Appellant
                          Through: Mr.Rudra Kahlon and Ms.Vandana
                          Kahlon, Advocates

                          versus

    POOJA KUMARI & ORS                          ..... Respondent
                  Through: Mr.Shekhar Aggarwal, Advocates for
                  respondents no.1 and 2
                  Mr.Navneet Goyal, Adv. for respondent no.3
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J. (Oral)

1. This appeal impugns the award of compensation dated 05.07.2018 in MACT No. 83/18 on the ground that the minimum wages taken as the basis for computation of the loss of dependency is still under adjudication before the Supreme Court.

2. The amount taken as minimum wages for computation of loss of earnings was the one notified by the Government of NCT of Delhi and applicable at the relevant time and is the same even after a fresh notification in terms of the order of the Supreme Court. There is no change in the rates and the said notification has not been stayed. In the facts and circumstances,

the Court finds no reason to alter the minimum wages considered by the learned MACT.

3. The petition is accordingly, dismissed.

4. Statutory amount along with interest accrued thereon be deposited into the "AASRA" Fund.

NAJMI WAZIRI, J SEPTEMBER 03, 2019/ssn