43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.26/2008
% Date of decision: 27th August, 2009
PINTESH & ORS. ..... Appellants
Through : Mr. L.S. Saini, Adv.
versus
LAKSHMI CHAND & ORS. ..... Respondents
Through : Mr. Ram Ashray, Adv. for R - 3
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may YES
be allowed to see the Judgment?
2. To be referred to the Reporter or not? YES
3. Whether the judgment should be YES
reported in the Digest?
JUDGMENT (Oral)
1. The appellants have challenged the award of the learned Tribunal whereby compensation of Rs.4,25,896/- has been awarded to the appellants. The appellants seek enhancement of the award amount.
2. The accident dated 29th March, 2003 resulted in the death of Ravinder Kumar. The deceased was survived by his widow and two minor children who filed the claim petition before the learned Tribunal.
3. The deceased was aged 28 years at the time of the accident. The deceased was working as Head Mistri with M/s Om Namah Shivaya Enterprises and was alleged to be earning Rs.4,600/- per month as per the certificate Ex.PW1/1. However, MAC.APP.No.26/2008 Page 1 of 5 the learned Tribunal disregarded the said evidence on the ground that PW-2 did not produce any licence to manufacture any LPG stove and spare parts and also that the appointment letter of the deceased was not produced. It was also contended by the appellant that the deceased was running a Kiryana shop and was alleged to be earning Rs.3,600/- per month. The deceased was maintaining account book of the Kiryana shop in his hand writing which was produced by PW-1. The appellant also produced PW-4 who regularly purchased the articles from the shop of the deceased. However, the learned Tribunal disregarded this evidence also on the ground that neither registration certificate under Delhi Shops and Establishment Act was produced nor Income Tax return, account books or sales tax registration number were produced. The learned Tribunal took the minimum wages of Rs.2,784/- in respect of unskilled worker to compute the compensation. 1/3rd was deducted towards the personal expenses of the deceased and the multiplier of 18 was applied to compute the loss of dependency at Rs.4,00,896/-. Rs.5,000/- has been awarded for funeral expenses and Rs.20,000/- has been awarded for loss of consortium. The total compensation awarded is Rs.4,25,896/-.
4. The learned counsel for the appellant has urged the following grounds at the time of hearing of this appeal:-
(i) The income of the deceased be taken to be Rs.4,600/-
per month as per the Ex.PW1/1 + Rs.3,600/- per month towards the income from the business. In the MAC.APP.No.26/2008 Page 2 of 5 alternative, it is submitted that the minimum wages for the skilled worker be taken as the deceased was the skilled worker working as Head Mistri for manufacture of LPG stove and spare parts.
(ii) The compensation for loss of love and affection and loss of estate be awarded.
5. The appellant has successfully proved that the deceased was Head Mistri engaged in manufacturing LPG stove and spare parts. However, the salary was not proved by sufficient evidence. In this view of the matter, the case for taking minimum wages for skilled worker is made out. As per the schedule of minimum wages, the minimum wages of a skilled worker as on the date of the accident were Rs.3,207.90. It is well settled in the cases of Kanwar Devi vs. Bansal Roadways, 2008 ACJ 2182, Lekh Raj vs Suram Singh, 2007 ACJ 2165, National Insurance Company Limited vs. Renu Devi III (2008) ACC 134 and UPSRC vs. Munni Devi, MAC.APP.No.310/2007 decided on 28.07.2008 that the Court should take judicial notice of increase in minimum wages to meet the inflation and rise in price index. This Court has taken the view that the minimum wages get doubled over the period of 10 years and increase in minimum wages is not akin to future prospects. Taking the average of Rs.3,207.90 and its double, the income of the deceased for computation of compensation is taken to be Rs.4,811.85. 1/3 rd is deducted towards the personal expenses of the deceased and the loss of dependency of the appellants is computed to be MAC.APP.No.26/2008 Page 3 of 5 Rs.3,207.90 per month.
6. The learned Tribunal applied the multiplier of 18. However, the appropriate multiplier according to the recent judgment of the Hon'ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation, 2009 (6) Scale 129 is 17. Applying the multiplier of 17, the loss of dependency of the appellant is computed to be Rs.6,54,411.60 (Rs.3,207.90 x 12 x 17).
7. The learned Tribunal has not awarded any compensation for loss of love and affection and loss of estate. Rs.10,000/- is awarded for loss of love and affection and Rs.10,000/- is awarded for loss of estate. The total compensation is computed to be Rs.6,99,411.60 (Rs.6,54,411.60 + Rs.5,000 + Rs.20,000 + Rs.10,000 + Rs.10,000) which is rounded of as Rs.6,99,412/-.
8. The appeal is allowed and the award amount is enhanced from Rs.4,25,896 to Rs.6,99,412/- along with interest @ 7.5% per annum from the date of filing of the petition till realization.
9. The enhanced award amount be deposited by respondent No.3 with the UCO Bank, Delhi High Court Branch within 30 days.
10. The cheque be drawn in the name of UCO Bank A/c Pintesh and be handed over to Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi, Mobile No. 09310356400.
11. The order with respect to the disbursement of the award amount shall be passed after examining the appellants who are directed to remain present in Court on the next date of hearing. MAC.APP.No.26/2008 Page 4 of 5
12. List for directions on 14th October, 2009
13. Copy of this order be given 'Dasti' to learned counsel for both the parties under the signature of Court Master.
14. Copy of this order be given sent to the Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi, Mobile No. 09310356400.
J.R. MIDHA, J AUGUST 27, 2009 mk MAC.APP.No.26/2008 Page 5 of 5