MAC.APP./396/2010 of BAJAJ ALLIANZ INSURANCE COMPANY LTD Vs JOHNA & ORS
Parties
- BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD (PETITIONER)
- JOHNA & OTHERS (RESPONDENT)
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* IN THE HIGH COURT OF DELHI AT NEW DELHI% Date of Judgment: 12.08.2011
+ MAC APPEAL No. 396/2010
BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.
………..Appellant
Through: Ms. Neerja Sachdeva, Advocate.
Versus
JOHNA & OTHERS
……….Respondents Through: Ms. Shantha Devi Raman, Advocate for Respondents No. 1 to 4.
Mr. Anand Nandan, Advocate for Respondents No.5 and 6.
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
1.Whether the Reporters of local papers may be allowed to see the judgment? see the judgment?
2.To be referred to the Reporter or not?
Yes
3.Whether the judgment should be reported in the Digest? Yes Yes
INDERMEET KAUR, J. (Oral)
1 The Award impugned is the Award dated 6[th] May, 2010 vide which compensation in the sum of ` 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
MAC APPEAL No. 396/2010 Page 1 of 2
judgment of the Supreme Court in Sarla Verma Vs. DTC (2009) 6 SCC 121.
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. Vs. Jagpati & Ors.” and Smt. Meena Khanna & Ors. Vs. Ram Niswas & Ors. in MAC Appeal No. App.723/2010 decided on 5[th]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.
AUGUST 12, 2011
INDERMEET KAUR, J.
MAC APPEAL No. 396/2010
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