Tata Aig General Insurance Company Ltd v. Pooja Kumari & ORS

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 03.09.2018 + MAC.APP. 865/2018 & CM APPL. 40163/2018 TATA AIG GENERAL INSURANCE COMPANY LTD ..... Appellant Through: Mr.Rudra Kahlon and Ms.Vandana Kahlon, Advocates versus POOJA KUMARI & ORS ..... Respondent Through: Mr.Shekhar Aggarwal, Advocates for respondents no.1 and 2 Mr.Navneet Goyal, Adv. for respondent no.3

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J. (Oral) 1.

This appeal impugns the award of compensation dated 05.07.2018 in MACT No. 83/18 on the ground that the minimum wages taken as the basis for computation of the loss of dependency is still under adjudication before the Supreme Court.

2.

The amount taken as minimum wages for computation of loss of earnings was the one notified by the Government of NCT of Delhi and applicable at the relevant time and is the same even after a fresh notification in terms of the order of the Supreme Court. There is no change in the rates and the said notification has not been stayed. In the facts and circumstances, MAC.APP. No.865/2018

the Court finds no reason to alter the minimum wages considered by the learned MACT.

3.

The petition is accordingly, dismissed.

4.

Statutory amount along with interest accrued thereon be deposited into the "AASRA" Fund.

NAJMI WAZIRI, J SEPTEMBER 03, 2019/ssn MAC.APP. No.865/2018