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The United India Insurance Co.Ltd vs Baby Raksha & Ors on 19 January, 2023

Author: Rekha Palli

Bench: Rekha Palli

                          $~88
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    MAC.APP. 36/2023 & CM APPL. 2631/2023 -Stay.
                               THE UNITED INDIA INSURANCE CO.LTD ..... Appellant
                                              Through: Mr.Ravi Sabharwal, Adv.

                                                    versus

                                 BABY RAKSHA & ORS.                                    ..... Respondent
                                             Through:

                                 CORAM:
                                 HON'BLE MS. JUSTICE REKHA PALLI
                                               ORDER

                          %                    19.01.2023
                          CM APPL. 2632/2023 -Ex.

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

3. The present appeal preferred by the insurer seeks to assail the award dated 31.10.2022 passed by the learned MACT. Vide the impugned award, the learned Labour Court has awarded compensation of Rs.30,21,739/- along with interest @ 6% per annum to the respondent.

4. Learned counsel for the appellant submits that the claimant is a young girl of 05 years and, therefore, the learned Tribunal has erred in applying the minimum wages of a graduate as applicable in Delhi for determining the loss of dependency.

5. Keeping in view the nature of relief sought in the appeal, no notice is required to be issued to the respondent nos.2 to 4.

6. Upon the appellant taking steps, issue notice to the respondent no.1 through all permissible modes.

7. List on 21.07.2023.

CM APPL. 2631/2023 -Stay.

8. This is an application seeking stay of the impugned award.

9. Taking into account that the appellant assails only the quantum of compensation, the application is disposed of by directing the appellant to deposit 75% of the awarded amount with the learned Tribunal within six weeks with a further direction to the learned Tribunal to release the same in favour of the respondent as per the disbursal scheme contained in the award.

10.Subject to the appellant depositing the amount in terms of this order, the operation of the impugned award will remain stayed.

11.The application stands disposed of.

REKHA PALLI, J JANUARY 19, 2023 sr Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:20.01.2023 18:03:03