36
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.323/2007
Date of Decision: 8th December, 2009
%
NATIONAL INSURANCE CO.LTD. ..... Appellant
Through : Mr. L.K. Tyagi, Adv.
versus
PRABHAWATI SHARMA & ORS. ..... Respondents
Through : Mr. Taiyab Khan and
Ms. Filza Moonis, Advs.
for R-1 to 7.
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)
CM Nos.11892-94/2009
1. For the reasons stated in the applications, the delay in filing and refilling of cross-objections is condoned. The cross- objections are taken on record.
2. CMs stand disposed of.
MAC.APP. 323/2007
1. The appellants have challenged the award of the learned Tribunal whereby compensation of Rs.5,24,200/- has been awarded to claimants/respondents No.1 to 7. The appellants seek reduction of the award amount on the MAC.APP.No.323/2007 Page 1 of 6 ground of contributory negligence. Claimants/respondents No.1 to 7 seek enhancement of the award amount.
2. The accident dated 24th April, 2004 resulted in the death of Shiv Dutt Sharma. The deceased was survived by his widow, three daughters, one son and parents who filed the claim petition before the learned Tribunal.
3. The deceased was aged about 28 years at the time of the accident and was working as a driver earning Rs.5,500/- per month. However, in the absence of any documentary proof of income, the learned Tribunal took the minimum wages of Rs.3,300/-, deducted 1/3rd towards personal expenses and applied the multiplier of 18 to compute the loss of dependency at Rs.4,75,200/-. Rs.15,000/- has been awarded towards loss of consortium, Rs.24,000/- towards loss of love and affection and Rs.10,000/- towards funeral expenses. The total compensation awarded is Rs.5,24,200/-.
4. The only ground urged by learned counsel for the appellant at the time of hearing of this appeal is that the deceased was contributory negligent and, therefore, the award amount should be reduced.
5. The deceased was driving truck No.HR-38F-9215 while coming from Amritsar to Delhi. At village Mohanpur near G.T. Road, Khanna, Punjab, the deceased hit a stationary truck bearing No.PB-10G-9727 standing in the middle of the road without any indicators. The accident occurred at about 5:30am and the visibility is reported to be low at that time. MAC.APP.No.323/2007 Page 2 of 6 The learned Tribunal held the driver of the parked truck to be negligent. The statements of the witnesses in this regard have been re-appreciated and this Court is of the view that the deceased was contributory negligent to the extent of 20%. In fact, the deceased could have avoided the accident by careful driving. The finding of the learned Tribunal with respect to the negligence of the offending truck is, therefore, modified and the deceased is held to be contributory negligent to the extent of 20%.
6. The learned counsel for the claimants/respondents has urged the following grounds at the time of hearing of this appeal for enhancement of the award amount:-
(i) The increase in minimum wages due to inflation and rise in price index be taken into consideration.
(ii) The personal expenses of the deceased be reduced from 1/3rd to 1/5th.
(iii) The compensation be awarded for loss of estate.(iv) The rate of interest be enhanced.
7. The learned Tribunal has taken the minimum wages of Rs.3,300/- per month to compute the loss of dependency. It is settled by the catena of judgments of this Court in the cases of Kanwar Devi vs. Bansal Roadways, 2008 ACJ 2182, National Insurance Company Limited vs. Renu Devi III (2008) ACC 134 and UPSRTC vs. Munni Devi, MAC.APP.No.310/2007 decided on 28.07.2008 that the MAC.APP.No.323/2007 Page 3 of 6 Court should take judicial notice of increase in minimum wages to meet the increase in price index and inflation rate. The 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 and the income should be computed by taking the average of minimum wages and its double.
8. Following the aforesaid judgment, the income of the deceased is taken to be Rs.4,950/- [(Rs.3,300+Rs.6,600/-)/2].
9. The deceased has left behind seven legal representatives and as per the judgment of the Hon'ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation, 2009 (6) Scale 129, the personal expenses of the deceased have to be taken as 1/5 th. Following the aforesaid judgment of the Hon'ble Supreme Court, the personal expenses of the deceased is reduced from 1/3rd to 1/5th.
10. The learned Tribunal has applied the multiplier of 18 whereas according to the judgment of the Hon'ble Supreme Court in the case of Sarla Verma (supra), the appropriate multiplier at the age of 28 years is 17. The multiplier is, therefore, reduced from 18 to 17. The learned Tribunal has not awarded any compensation for loss of estate. Rs.10,000/- is awarded for loss of estate. MAC.APP.No.323/2007 Page 4 of 6
11. The learned Tribunal has awarded interest @7% per annum. Following the judgment of the Hon'ble Supreme Court in the case of Dharampal vs. U.P. State Road Transport Corporation, III 2008 ACC (1) SC, the rate of interest is enhanced from 7% per annum to 7.5% per annum.
12. Taking the income of the deceased to be Rs.4,950/- per month, deducting 1/5th towards personal expenses, applying the multiplier of 17, adding Rs.15,000/- towards loss of consortium, Rs.24,000/- towards loss of love and affection, Rs.10,000/- towards loss of estate, Rs.10,000/- towards funeral expenses and reducing 20% on account of contributory negligence, the total compensation is computed to be Rs.6,93,472/- {[(Rs.4,950 x 4/5 x 12 x 17) x Rs.15,000 + Rs.24,000 + Rs.10,000 + Rs.10,000] - 20%}
13. The appeal as well as cross-objections are allowed and the award amount is enhanced from Rs.5,24,200/- to Rs.6,93,472/- along with interest @7.5% per annum from the date of filing of the petition till realization.
14. The enhanced award amount along with interest be deposited by the appellant with UCO Bank, Delhi High Court Branch A/c Prabhawati Sharma by means of a cheque through Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400) within 30 days.
15. The order for disbursement of the award amount shall MAC.APP.No.323/2007 Page 5 of 6 be passed after examining claimants/respondents No.1 to 7.
16. List on 20th January, 2010.
J.R. MIDHA, J DECEMBER 08, 2009 aj MAC.APP.No.323/2007 Page 6 of 6