JYOTI KUKREJA Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) CM. No. 17000 of 2008: For the reasons stated in the application and also taking note that the appellants have very good case on merits, the delay in filing of this appeal is condoned. CM. stands disposed of. M.A.C. Appeal No. 588 of 2008: Appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 3,38,000 has been awarded to the appellants.

(2.) THE accident dated 17.3.2005 resulted in the death of Maninder Kumar. THE deceased was survived by his widow, one daughter, one son and mother who filed the claim petition before the learned Claims Tribunal.

(3.) IT is well settled by catena of judgments of this court in the cases of Kanwar Devi v. Bansal Roadways, 2008 ACJ 2182 (Delhi); Lekh Raj v. Suram Singh, 2007 ACJ 2165 (Delhi) and National Insurance Co. Ltd. v. Renu Devi, 2009 ACJ 1921 (Delhi), that judicial notice be taken of increase in minimum wages due to inflation and rise in price index and that minimum wages get doubled over the period of 10 years and the average of minimum wages and its double be taken to compute the income of the deceased for computation of compensation. Following the aforesaid judgments, the income of the deceased for computation of compensation is taken to be Rs. 5,250 [(Rs. 3,500 + Rs. 7,000) / 2].