Motor Accidents — Minimum wages — Jurisdiction based on place of employment, not residence. The New India Assurance Co. Ltd. appealed the award of PO-MACT (East), Karkardooma Courts, Delhi dated 10.10.2025, which granted Rs.38,62,000/- with interest at 7.5% per annum to the six claimants (wife, son, two daughters, mother and father) of deceased Vimal Kumar, who died on the spot on 13.06.2022 when the offending truck UP-I6ET-3338, insured with the appellant, came from the wrong side and hit motorcycle UP-168N7563 on the Eastern Peripheral Highway; co-rider Manish Kumar died in treatment on 15.06.2022. Sole ground of appeal: although the deceased's Aadhar Card showed residence at Kasganj, UP, the Tribunal applied Delhi minimum wages (Rs.16,506/- per month as on 13.06.2022) instead of UP minimum wages (Rs.9,530/-). Held, dismissing the appeal (Anish Dayal, J): the Tribunal rightly applied Delhi minimum wages; the appellant's contention is illogical, untenable and unacceptable. Workers residing outside Delhi but employed in Delhi are entitled to the minimum wages of the jurisdiction of employment, not of their original residence; it cannot be presumed that a person originally resident of UP (or any State outside Delhi) with an Aadhar card of that address must be paid that State's minimum wages rather than those of his place of actual work. The widow's testimony (PW-2) that the deceased worked as a Munim at Azadpur Sabzi Mandi, Delhi for Rs.20,000/- per month withstood cross-examination, and since no income/occupation proof, bank account or educational documents were filed, minimum wages were duly applied. Reliance placed on United India Insurance Co. Ltd. v. Badal, 2025:DHC:11100 and The New India Assurance Co. Ltd. v. Bindu Devi & Ors., 2025:DHC:10153. Appeal dismissed; pending applications rendered infructuous.
