ORIENTAL INSURANCE CO. LTD. Vs. DEV KARAN

JUDGEMENT

(1.) The award of compensation passed by the learned MACT has been impugned on the ground that the Notification dated 22.05.2018, enhancing the scheduled amount of compensation for a fatality, is applicable from the date of the Notification and not retrospectively. It is contended that since the accident occurred prior to the date of the aforesaid Notification, the earlier rates would be applicable.

(2.) This Court has already dealt with the aforementioned issue, in an earlier case i.e. HDFC Ergo General Insurance Co Ltd vs. Rihana & Ors. MAC. APP. No. 589/2019, decided on 26.07.2019, inter alia, as under:-

(3.) In other words, the minimum amounts that would be payable by the insurance company would be Rs. 5,00,000/-. However, if the award computed on the basis of the pre-revised note alongwith interest thereon is higher, then the higher amount shall be payable.