High CourtsSingle Bench(2012) 09 DEL CK 0119

Rahul and Others vs Amit Kumar and Others

Delhi High Court · Decided on 21 September 2012

HON’BLE JUDGES
G.P. Mittal, J
RESULT
Allowed
CASE NUMBER
MAC. APP. No. 1052 of 2012

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Judgment

5 paragraphs · 256 words

G.P. Mittal, J.—Issue notice to the Respondent No. 3 United India Insurance Company Ltd. Mr. Sameer Nandwani, Advocate appearing on behalf of the Respondent No. 3 accepts notice.

2.

The short ground urged by the Learned Counsel for the Appellant in the Appeal is that minimum wages of an unskilled worker on the date of the accident were Rs. 6,422/- as against Rs. 6,089/- taken by the Motor Accident Claims Tribunal (the Claims Tribunal).

3.

I have perused the notification issued by the Govt. of NCT of Delhi under the Minimum Wages Act. Since this is the only point raised, the Appeal can be finally disposed of.

4.

The Learned Counsel for the Respondent Insurance Company concedes that the minimum wages of an unskilled worker on the date of the accident, that is, 02.04.2011 were Rs. 6,422/-. The loss of dependency would, therefore, come to Rs. 9,35,043/-( Rs. 6422/- x 12 x 14 + 30% x 2/3) as against Rs. 8,86,536/-. Consequently, the compensation stands enhanced by Rs. 48,507/- which shall carry interest @ 7.5% per annum from the date of the filing of the Petition till its payment.

5.

The enhanced compensation of Rs. 48,507/- along with interest shall be deposited in the name of the Appellants No. 1 and 2 in equal shares with the Claims Tribunal by the Respondent No. 3 United India Insurance Company Ltd. within six weeks and held in fixed deposits in a nationalized bank till they attain the age of 21 years. The Appeal is allowed in above terms.