ICICI Lombard General Insurance Co. Ltd. v. Satti Devi & Ors.

1. Whether the Reporters of local papers may be allowed to see the judgment?

2. To be referred to the Reporter or not? Yes

3. Whether the judgment should be reported in the Digest? Yes INDERMEET KAUR, J. (Oral) CM No.15973/2011 (for exemption) Exemption is allowed subject to just exceptions. CM No.15974/2011 (for delay) In view of the averments made in the application the delay of 24 days in filing the appeal is condoned. Application is disposed of.

MAC APPEAL No.769/2011 1 The Award impugned is the Award dated 02.5.2011 vide which the total compensation in the sum ` 7,10,506/- along with 2011:DHC:4365 interest @ 7.[5] % per annum had been awarded in favour of the claimant. Record shows that the deceased while going on foot on 28.11.2008 suffered an accident; as a result of which he succumbed to his injuries. Oral and documentary evidence was led. Award was accordingly passed in the aforenoted amount. The court had awarded the compensation keeping in view the minimum wages of the deceased which had been calculated at `3849/- per month. 50% was added as the cost of price index and inflation rate. This is the primary ground of appeal and this is the grievance of the appellant. This court has taken a consistent view in this regard; even in cases of minimum wages price index and inflation rate has to be taken into account; judicial notice is taken of the fact that in the next 10 years there would be a price rise and 50% is added to minimum wages on this count. This has been noted in a catena of judgment of this court reported in 2008 ACJ 2182 Delhi Kanwar Devi & Ors. Vs. Bansal Roadways & Ors., 2007 ACJ 2165 Lekh Raj & Anr. Vs.Suram Singh & Ors. 2009 ACJ 1921 (Delhi) National Insurance Company Ltd. Vs. Renu Devi. The impugned Award on this court thus suffers from no infirmity. The Award has not been challenged on any other ground.