Madhu Rani And Ors vs Ushant Digani And Ors

Sanjeev Sachdeva, J

CM APPL.7383/2021(exemption)

Exemption is allowed subject to all just exceptions.

MAC.APP.108/2021

The hearing was conducted through video conferencing.

Issue notice. Notice is accepted by learned counsel appearing for respondent no. 3. Since there is no dispute with regard to the liability of the

Insurance Company viz-a-viz the driver and owner of the offending vehicle, service of respondents no. 1 and 2 is discharged.

The only point raised by learned counsel for the appellants is that the Tribunal has taken the minimum wage at Rs.16,182/- of a matriculate person

and erred in not noticing the latest notification of the Government stipulating the minimum wage of a matriculate at Rs.16,962/-.

Learned counsel for the respondent no.3/Insurance Company concedes that a fresh notification had been issued stipulating the minimum wage of a

matriculate person at Rs.16,962/-.

Since the appropriate Government had issued a fresh notification stipulating the minimum wage at Rs.16,962/-, clearly the Tribunal committed an

error in taking the minimum wage at Rs.16,182/-.

In that view of the above infirmity the award is liable to be modified to the said limited extent. The minimum wage for the purposes of computing

the compensation shall be taken as Rs.16,962/-instead of Rs.16,182/-.

The Award is, accordingly, modified to the said extent. The award is accordingly remitted to the Tribunal for the limited purpose of re-computing

the compensation by taking the minimum wage at Rs. 16,962/- instead of 16,182/-. Â

Since there is no other dispute raised by the appellants, remaining Award is accordingly upheld.

Parties shall appear before the Motor Accident Claim Tribunal on 12.03.2021. Tribunal shall re-compute the amount in terms of the direction issued

herein within a period of three weeks from the said date. Insurance company shall deposit the amount within a period of three weeks thereafter.

The appeal is allowed in the above terms.

Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.