New India Assurance Co. Ltd. v. Jagrapati & Ors.

Delhi High Court · 05 Aug 2010 · 2011:DHC:15314
Indermeet Kaur
MAC Appeal No. 1-6/2011
2011:DHC:15314
civil appeal_dismissed Significant

AI Summary

The Delhi High Court upheld a compensation award that doubled minimum wages to account for future prospects, dismissing the Insurance Company's appeal.

Full Text
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Present : Ms. Neerja Sachdeva, Advocate for the appellant.
' Mr. S.S. Sisodia, Advocate for respondent.
+MAC Appeal No. 1-6/2OL 1 t(
The Award has been impugned by the Insurance
Company; award is dated l2th October, 2010 by which compensation in the sum of < 8,65,250 has been awarded in favour of the claimants.
The challenge to the Award is primarily on one count; that is on the ground that since the minimum wages of the deceased have been taken into accpunt; question of future prospects did not arise and the Tribunal has doubled the minimum wages and taken into account this aspect.
This Court in a catena of judgments in "I (2010t ACC
JUDGMENT

120 New India Assurance Co. Ltd. Vs..Iagrpati & Ors." and Smt. Meena Khanna & Ors. Vs. Ram Niswas & Ors. in MAC Appeal No. App.72312010 decided on Sft August, 20L0 and has noted that price rise and index rate inflation has to be kept in mind even in the case of minimum wdges; judicial notice is taken of the fact that minimum wages can be doubted over the next L0 years. This was the formula applied by the Tribunal under the head of 'Loss of Income'. This finding calls for no interference. u 2011:DHC:15314 a In view of the catena of aforenoted judgments, since the Award, has not been assailed on any other ground, the Award on this count suffers from no infirmity. The appeal is accordingly dismissed. The statutory amount be released in favour of the released to the Insurance Company. The amount shall be claimants in terms of the Award. INDERMEET KAUR, J. AUGUST T2,?OTL vk -dz-L &ot ^' // ZL"-u/s 1rY c?c o - 4 f, R- / Clc /a nwb*, V/ oz&4 // /2,e ,/t - {-an tl- cn '{ZJ, ^ rt fu/"- -frr.o'1, C/Y1.471/ " /eh - baot'r';*./ "&"", 2011:DHC:15314

JUDGMENT