NEW INDIA ASSURANCE CO LTD Vs. REENA NIGAM

JUDGEMENT

(1.) This appeal has impugned the award dated 9.11.2010 vide which the compensation in the sum of Rs. 8,52,000 along with interest @ 7.5% had been awarded in favour of the claimants; amongst the three petitioners the apportionment had also been detailed.

(2.) The claim petition had been filed under Section 166 of the Motor Vehicles Act, (MV Act). Mr. Avinash Nigam suffered an accident on 3.10.2006 pursuant to which he succumbed to his injuries. Evidence was led and the aforenoted amount was awarded in favour of the claimants.

(3.) The only argument urged in the present appeal is that the loss of dependency had been computed taking into account future prospects when minimum wages criteria was being applied; the increase in minimum wages due to inflation and price index rise had been taken into account; calculation was made by doubling the minimum wages. Contention is that this was an incorrect formula in terms of judgment of the Supreme Court reported in Sarla Verma v. DTC, 2009 6 SCC 121.