The New India Assurance Co Ltd v. Neelam & Ors.

Delhi High Court · 08 Aug 2019 · 2019:DHC:3897
Najmi Waziri
MAC.APP. 269/2019
2019:DHC:3897
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the insurance company's appeal, upholding the Tribunal's compensation award based on the correct minimum wages including revised Dearness Allowance as on the accident date.

Full Text
Translation output
MAC.APP. No.269 -2019 HIGH COURT OF DELHI
Date of Decision: 08.08.2019
MAC.APP. 269/2019 & CM No.8255/2019
THE NEW INDIA ASSURANCE CO LTD. ..... Appellant
Through: Mr. D. K. Sharma, Advocate.
VERSUS
NEELAM & ORS. ..... Respondents
Through: Mr. S. N. Parashar, Advocate.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J. (Oral)
JUDGMENT

1. The award of compensation passed by the learned Tribunal on 22.12.2018 has been impugned by the insurance company on the ground that minimum wages ought to have been taken as Rs.13,350/- instead of Rs.16,858/- and, therefore, the order is erroneous and ought to be set aside. The Court’s attention is drawn to the minimum wages applicable in Delhi as on the date of the accident i.e. 09.07.2018. The minimum wages applicable in Delhi with effect from 03.03.2017 for a matriculate were Rs.16,182/- and DA was revised at the rate of Rs.286/- and Rs.390/- with effect from 01.04.2017 and 01.04.2018 respectively. Accordingly, the minimum wages applicable would be Rs.16,858/-, which has been rightly considered by the learned Tribunal. 2019:DHC:3897 MAC.APP. No.269 -2019

2. There is no occasion to interfere with the impugned order. The appeal is without merits and is accordingly dismissed. The pending application also stands dismissed.

3. The awarded amount, alongwith interest accrued thereon, be released to the beneficiaries of the award in terms of the scheme of disbursement specified therein.

4. The statutory deposit of Rs.25,000/-, alongwith interest accrued thereon, be deposited in the ‘AASRA’ Fund.

NAJMI WAZIRI, J. AUGUST 08, 2019 sb