BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD. v. JOHNA & OTHERS

Delhi High Court · 12 Aug 2011 · 2011:DHC:4136
Indermeet Kaur
MAC APPEAL No. 396/2010
2011:DHC:4136
civil appeal_dismissed Significant

AI Summary

The Delhi High Court upheld a motor accident compensation award allowing doubling of minimum wages to account for future prospects and inflation for a deceased aged 58 years, distinguishing the Sarla Verma judgment.

Full Text
Translation output
MAC APPEAL No. 396/2010 HIGH COURT OF DELHI
Date of
JUDGMENT
: 12.08.2011 MAC APPEAL No. 396/2010
BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.
………..Appellant
Through: Ms. Neerja Sachdeva, Advocate.
Versus
JOHNA & OTHERS ……….Respondents
Through: Ms. Shantha Devi Raman, Advocate for Respondents No.
1 to 4.
Mr. Anand Nandan, Advocate for Respondents No.5 and 6.
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR

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)

1 The Award impugned is the Award dated 6th May, 2010 vide which compensation in the sum of ` 5,37,552/- has been awarded in favour of the claimants. The only ground of the appellant- Company is that the deceased being 58 years of age who future prospects could not have been taken into account in view of the 2011:DHC:4136 MAC APPEAL No. 396/2010 judgment of the Supreme Court in Sarla Verma Vs. DTC (2009) 6 SCC 121.

2 Learned counsel for the respondents No.1 to 4 has disputed this submission; it is pointed out that in the case of Sarla Verma (supra), the question of doubling of minimum wages was not an issue before the Supreme Court. In view of the judgments of this Court reported in I (2010) ACC 120 New India Assurance Co. Ltd. Vs. Jagpati & Ors.” and Smt. Meena Khanna & Ors. Vs. Ram Niswas & Ors. in MAC Appeal No. App.723/2010 decided on 5th August, 2010, the Award suffers from no infirmity. Judicial notice has been taken of this fact; even in case of minimum wages where the deceased was 58 years of age, in view of price rise and cost index inflation, minimum wages have been doubled to compute the loss of income.

INDERMEET KAUR, J. AUGUST 12, 2011 vk