LAWS(DLH)-2012-9-566

RAHUL & ORS. Vs. AMIT KUMAR & ORS.

Decided On September 21, 2012
Rahul And Ors. Appellant
V/S
Amit Kumar And Ors. Respondents

JUDGEMENT

(1.) 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.) 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.