National Insurance Co. Ltd. vs Sushil Kumar and Others

J.R. Midha

CM No.16045-46/2008

For the reasons stated in the applications, the delay in filing restoration applications is condoned and the appeal is restored to its original number.

Both CMs stand disposed of.

MAC.APP. 276/2005

The appellant has challenged the award of the learned Tribunal whereby compensation of Rs.9,94,500/- has been awarded to claimant/respondent No.1.

The accident dated 29th August, 1999 resulted in grievous injuries to claimant/respondent No.1. Claimant/respondent No.1 was aged 28 years at the time of the accident and was working as a driver and he suffered amputation of right hand. The learned Tribunal awarded compensation of Rs.9,94,500/- to claimant/respondent No.1.

Claimant/respondent No.1 was claimed to have been earning Rs.4,000/- per month at the time of the accident. However, in the absence of sufficient documentary proof of income, the learned Tribunal took the minimum wages of Rs.2,800/- per month and took the increase in minimum wages into consideration for computation of compensation.

The only ground urged by learned counsel for the appellant at the time of hearing of this appeal is that the increase in minimum wages should not have been taken into consideration.

It is well settled by catena of judgments of this Court in the cases of Kanwar Devi and Others Vs. Bansal Roadways and Others, , National Insurance Company Ltd. Vs. Renu Devi and Others, and UPSRTC vs. Munni Devi, MAC.APP.No.310/2007 decided on 28.07.2008 that the Court should take judicial notice of increase in minimum wages due to increase in price index and inflation rate. This Court has taken the view that the minimum wages get doubled over the period of 10 years and increase in minimum wages is not akin to future prospects.

There is no infirmity in the finding of the learned Tribunal in taking into consideration the increase in minimum wages due to inflation and rise in price index.

The appeal is dismissed. No order as to costs.

The appellant has deposited the entire award amount with the Claims Tribunal in terms of the order dated 11th April, 2005 out of which Rs.6,00,000/- has been released to claimant/respondent No.1.

The learned Tribunal is directed to release the remaining award amount to claimant/respondent No.1 in terms of the award within a period of four weeks and send the compliance report to this Court.

If the cheques deposited by the appellant have expired, the Claims Tribunal is directed to hand over the said cheques to claimant/respondent No.1 who shall personally hand over the same to learned counsel for the appellant whereupon the appellant shall deposit fresh cheques along with up to date interest with the Claims Tribunal within 30 days.

List for reporting compliance on 24th February, 2010.

Copy of this order be given ''Dasti'' to learned counsel for the parties under the signature of Court Master.