Delhi High Court
Neetu & Ors. vs Oriental Ins Co Ltd & Anr. on 25 March, 2022
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 25th March, 2022
+ MAC.APP. 88/2022
NEETU & ORS. ..... Appellants
versus
ORIENTAL INS CO LTD & ANR. ..... Respondents
Advocates who appeared in this case:
For the Appellants: Mr. Anshuman Bal, Advocate
For the Respondents: Mr. A.K. Soni, Advocate for Ins. Co.
(through VC)
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J
CM APPL. 14791/2022 (Exemption)
Allowed, subject to all just exceptions.
CM APPL. 14792/2022 (condonation of delay)
The Supreme Court by its orders dated 23.03.2020, 27.04.2021
and 10.01.2022 in Suo Moto Writ Petition (Civil) No. 3 of 2020 had
suspended the period of limitation in view of the ongoing pandemic.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:25.03.2022
Signing Date:28.03.2022 12:19:03 20:09
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Accordingly, there is no delay in filing the appeal.
The application is disposed of.
MAC.APP. 88/2022
1. Issue notice. Notice is accepted by learned counsel appearing
for respondent no. 1.
2. Since there is no dispute with regard to the liability of the
insurance company, vis-à-vis, driver and owner, service of respondent
no. 2 is dispensed with.
3. With the consent of the parties, the appeal is taken up for
consideration today.
4. Learned counsel appearing for the appellant submits that the
tribunal has erred in taking the minimum wage of an unskilled worker
for computing the compensation whereas admittedly the deceased was
a non-matriculate.
5. It is noticed from the impugned award that the tribunal has
erred in not noticing the copies of the marksheet and school leaving
certificate of the deceased exhibited as Exb. PW1/6 and Exb. PW1/7
for assessing the income of the deceased. However, the very same
documents have been taken into account by the tribunal for
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:25.03.2022
Signing Date:28.03.2022 12:19:03 20:09
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
ascertaining the age of the deceased.
6. Clearly there is an ex-facie error on the face of the record.
Accordingly, the impugned award to the said limited extent is not
sustainable.
7. The award is accordingly modified taking the minimum wage
of the deceased as that of a non-matriculate instead of an unskilled
worker.
8. In view of the above, appeal is allowed. The matter is remitted
to the tribunal for the purposes of computing the compensation by
taking the income of the deceased on the basis of minimum age of a
non-matriculate as on the date of the accident instead of the minimum
wage of an unskilled worker.
9. The appeal is allowed in the above terms.
10. Parties shall appear before the tribunal for directions on
25.04.2022.
SANJEEV SACHDEVA, J
MARCH 25, 2022
'rs'
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:25.03.2022
Signing Date:28.03.2022 12:19:03 20:09
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
