TATA AIG GENERAL INSURANCE COMPANY LTD v. POOJA KUMARI & ORS

Delhi High Court · 03 Sep 2019 · 2019:DHC:4312
Najmi Waziri
MAC.APP. No.865/2018
2019:DHC:4312
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the insurer's appeal against the compensation award based on government-notified minimum wages, holding that such wages cannot be altered merely because they are under Supreme Court adjudication.

Full Text
Translation output
MAC.APP. No.865/2018 HIGH COURT OF DELHI
Date of Decision: 03.09.2018
MAC.APP. 865/2018 & CM APPL. 40163/2018
TATA AIG GENERAL INSURANCE COMPANY LTD..... Appellant
Through: Mr.Rudra Kahlon and Ms.Vandana Kahlon, Advocates
VERSUS
POOJA KUMARI & ORS ..... Respondent
Through: Mr.Shekhar Aggarwal, Advocates for respondents no.1 and 2
Mr.Navneet Goyal, Adv. for respondent no.3
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J. (Oral)
JUDGMENT

1. This appeal impugns the award of compensation dated 05.07.2018 in MACT No. 83/18 on the ground that the minimum wages taken as the basis for computation of the loss of dependency is still under adjudication before the Supreme Court.

2. The amount taken as minimum wages for computation of loss of earnings was the one notified by the Government of NCT of Delhi and applicable at the relevant time and is the same even after a fresh notification in terms of the order of the Supreme Court. There is no change in the rates and the said notification has not been stayed. In the facts and circumstances, 2019:DHC:4312 MAC.APP. No.865/2018 the Court finds no reason to alter the minimum wages considered by the learned MACT.

3. The petition is accordingly, dismissed.

4. Statutory amount along with interest accrued thereon be deposited into the “AASRA” Fund.

NAJMI WAZIRI, J SEPTEMBER 03, 2019