Delhi High Court
Madhu Rani And Ors vs Ushant Digani And Ors on 23 February, 2021
$~33
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 23.02.2021
+ MAC.APP. 108/2021
MADHU RANI AND ORS. ..... Appellants
versus
USHANT DIGANI AND ORS ..... Respondents
Advocates who appeared in this case:
For the Appellants: Mr. Sanjeev Kumar, Advocate.
For the Respondents: Mr. Rudra Kahlon, Advocate for R-3.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM APPL.7383/2021(exemption)
Exemption is allowed subject to all just exceptions.
MAC.APP.108/2021
1. The hearing was conducted through video conferencing.
2. Issue notice. Notice is accepted by learned counsel appearing
for respondent no. 3. Since there is no dispute with regard to the
liability of the Insurance Company viz-a-viz the driver and owner of
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:24.02.2021 09:25:16 MAC. APP. 108/2021 Page 1
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
the offending vehicle, service of respondents no. 1 and 2 is
discharged.
3. The only point raised by learned counsel for the appellants is
that the Tribunal has taken the minimum wage at Rs.16,182/- of a
matriculate person and erred in not noticing the latest notification of
the Government stipulating the minimum wage of a matriculate at
Rs.16,962/-.
4. Learned counsel for the respondent no.3/Insurance Company
concedes that a fresh notification had been issued stipulating the
minimum wage of a matriculate person at Rs.16,962/-.
5. Since the appropriate Government had issued a fresh
notification stipulating the minimum wage at Rs.16,962/-, clearly the
Tribunal committed an error in taking the minimum wage at
Rs.16,182/-.
6. In that view of the above infirmity the award is liable to be
modified to the said limited extent. The minimum wage for the
purposes of computing the compensation shall be taken as Rs.16,962/-
instead of Rs.16,182/-.
7. The Award is, accordingly, modified to the said extent. The
award is accordingly remitted to the Tribunal for the limited purpose
of re-computing the compensation by taking the minimum wage at Rs.
16,962/- instead of 16,182/-.
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:24.02.2021 09:25:16 MAC. APP. 108/2021 Page 2
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
8. Since there is no other dispute raised by the appellants,
remaining Award is accordingly upheld.
9. Parties shall appear before the Motor Accident Claim Tribunal
on 12.03.2021. Tribunal shall re-compute the amount in terms of the
direction issued herein within a period of three weeks from the said
date. Insurance company shall deposit the amount within a period of
three weeks thereafter.
10. The appeal is allowed in the above terms.
11. Copy of the order be uploaded on the High Court website and
be also forwarded to learned counsels through email by the Court
Master.
SANJEEV SACHDEVA, J
FEBRUARY 23, 2021
ak
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:24.02.2021 09:25:16 MAC. APP. 108/2021 Page 3
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
