Cholamandalam MS Gen Insurance Co Ltd v. Sarika & Ors.

Delhi High Court · 21 Aug 2019 · 2019:DHC:4106
Najmi Waziri
MAC.APP. No. 1048/2018
2019:DHC:4106
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the insurance company's appeal challenging compensation calculated on a fresh minimum wage notification, upholding the award based on the latest valid wage rate.

Full Text
Translation output
MAC.APP. No. 1048/2018 HIGH COURT OF DELHI
Date of Decision: 21.08.2019
MAC.APP. 1048/2018, CAV 1088/2018 & CM APPL. 49209/2018
CHOLAMANDALAM MS GEN INSURANCE CO LTD... Appellant
Through: Mr. Pankaj Gupta, Advocate.
VERSUS
SARIKA & ORS ..... Respondents
Through: Mr. S. N. Parashar, Advocate for R-1 to 5.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J. (Oral)
CAV 1088/2018
JUDGMENT

1. Since the learned counsel for the caveators enters appearance, the caveat stands discharged. MAC.APP. 1048/2018 & CM APPL. 49209/2018

2. The appeal has impugned the award of compensation dated 29.08.2018 in MAC. APP. 352/2017, on the sole ground that the rate of minimum wage at which the compensation was calculated, as notified by the GNCTD i.e. Rs. 13,350/- per month, has been struck down by a Division Bench of this Court vide its order dated 04.08.2018. In effect, the minimum wage applicable would be Rs. 9,724/- per month. However, much has 2019:DHC:4106 MAC.APP. No. 1048/2018 transpired since then, the case travelled to the Supreme Court, and a direction was issued to the GNCTD to reconsider the matter and notify fresh minimum wages, as may be applicable.

3. Accordingly another Notification was issued by GNCTD on 01.10.2018, but the relevant minimum wage remained the same i.e. Rs. 13,350/-.

4. Thus the sole ground in the appeal, is untenable.

5. The appeal is without merit and is accordingly dismissed alongwith pending application.

6. The deposited amount, alongwith interest accrued thereon, shall be released to the beneficiaries of the Award in terms of the scheme of disbursement specified therein.

7. The statutory amount of Rs.25,000/-, alongwith interest accrued thereon, be deposited in the ‘AASRA’ fund.

NAJMI WAZIRI, J. AUGUST 21, 2019 AB