Full Judgment Text
29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.342/2008
th
% Date of decision: 26 August, 2009
THE NEW INDIA ASSURANCE CO.LTD. ..... Appellant
Through : Mr. Pankaj Seth, Adv.
versus
RAMESH & ORS. ..... Respondents
Through : Mr. Tej Singh Chauhan, Adv.
for R- 6,7 and 8.
Mr. K.K. Singh, Adv.
for R - 1 to 5.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may YES
be allowed to see the Judgment?
2. To be referred to the Reporter or not? YES
3. Whether the judgment should be YES
reported in the Digest?
JUDGMENT (Oral)
1. The appellant has challenged the award of the learned
Tribunal whereby compensation of Rs.8,59,200/- has been
awarded to the claimant. The appellant seeks reduction of the
awarded amount.
th
2. The accident dated 19 April, 2004 resulted in death of
Meghraj. The deceased was survived by his widow, two minor
sons and parents who has filed the claim petition before the
Tribunal.
3. The deceased was aged 31 years at the time of the accident
and was working as a driver earning Rs.4,500/- per month.
MAC.APP.No.342/2008 Page 1 of 2
However, in the absence of documentary evidence of the proof of
income, the learned Tribunal applied the minimum wages and
took judicial notice of the increase in minimum wages due to
th
inflation and increase in price index. 1/4 has been deducted
towards the personal expenses of the deceased and multiplier of
17 has been applied to compute the loss of dependency at
Rs.8,24,160/-. Rs.30,000/- has been awarded towards loss of love
and affection and loss of consortium and Rs.5,000/- has been
awarded towards funeral expenses. The total compensation
awarded is Rs.8,59,200/-.
4. The amount awarded by the learned Tribunal is just, fair
and reasonable and needs no interference. The appeal is
therefore, dismissed.
5. No order as to costs.
6. The learned counsel for the claimant/respondents submits
that they have received the entire award amount. In that view of
the matter, statutory amount of Rs.25,000/- be refunded to the
appellant through counsel within four weeks.
7. All pending applications stand disposed of.
8. Copy of this order be given dasti under the signature of the
Court Master to the learned counsel for the parties.
J.R. MIDHA, J
AUGUST 26, 2009
RN
MAC.APP.No.342/2008 Page 2 of 2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.342/2008
th
% Date of decision: 26 August, 2009
THE NEW INDIA ASSURANCE CO.LTD. ..... Appellant
Through : Mr. Pankaj Seth, Adv.
versus
RAMESH & ORS. ..... Respondents
Through : Mr. Tej Singh Chauhan, Adv.
for R- 6,7 and 8.
Mr. K.K. Singh, Adv.
for R - 1 to 5.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may YES
be allowed to see the Judgment?
2. To be referred to the Reporter or not? YES
3. Whether the judgment should be YES
reported in the Digest?
JUDGMENT (Oral)
1. The appellant has challenged the award of the learned
Tribunal whereby compensation of Rs.8,59,200/- has been
awarded to the claimant. The appellant seeks reduction of the
awarded amount.
th
2. The accident dated 19 April, 2004 resulted in death of
Meghraj. The deceased was survived by his widow, two minor
sons and parents who has filed the claim petition before the
Tribunal.
3. The deceased was aged 31 years at the time of the accident
and was working as a driver earning Rs.4,500/- per month.
MAC.APP.No.342/2008 Page 1 of 2
However, in the absence of documentary evidence of the proof of
income, the learned Tribunal applied the minimum wages and
took judicial notice of the increase in minimum wages due to
th
inflation and increase in price index. 1/4 has been deducted
towards the personal expenses of the deceased and multiplier of
17 has been applied to compute the loss of dependency at
Rs.8,24,160/-. Rs.30,000/- has been awarded towards loss of love
and affection and loss of consortium and Rs.5,000/- has been
awarded towards funeral expenses. The total compensation
awarded is Rs.8,59,200/-.
4. The amount awarded by the learned Tribunal is just, fair
and reasonable and needs no interference. The appeal is
therefore, dismissed.
5. No order as to costs.
6. The learned counsel for the claimant/respondents submits
that they have received the entire award amount. In that view of
the matter, statutory amount of Rs.25,000/- be refunded to the
appellant through counsel within four weeks.
7. All pending applications stand disposed of.
8. Copy of this order be given dasti under the signature of the
Court Master to the learned counsel for the parties.
J.R. MIDHA, J
AUGUST 26, 2009
RN
MAC.APP.No.342/2008 Page 2 of 2