High CourtsSingle Bench(2011) 08 DEL CK 0171

Bajaj Allianz General Insurance Company Ltd. vs Johna and Others

Delhi High Court · Decided on 12 August 2011

HON’BLE JUDGES
Indermeet Kaur, J
RESULT
Dismissed
CASE NUMBER
MAC Appeal No. 396 of 2010

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Judgment

4 paragraphs · 232 words

Indermeet Kaur, J.—The Award impugned is the Award dated 6th May, 2010 vide which compensation in the sum of Rs. 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 judgment of the Supreme Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another,

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. v. Jagpati and Ors." and Smt. Meena Khanna and Ors. v. Ram Niswas and 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.

3.

The appeal is dismissed.

4.

The statutory amount be released and the amount be released to the claimant in terms of the Award.