A-61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 14.9.2011
+ MAC APPEAL No.821/2011
SMT.NAJMA BEGUM & OTHERS ...........Appellant
Through: Mr.Manish Maini, Advocate.
Versus
VIVEK PANDEY & OTHERS ..........Respondent
Through: Ms.Shanta Devi Raman,
Advocate for the respondent
no.3.
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
1. Whether the Reporters of local papers may be allowed to
see the judgment?
2. To be referred to the Reporter or not? Yes
3. Whether the judgment should be reported in the Digest?
Yes
INDERMEET KAUR, J. (Oral)
1 The award impugned is the Award dated 30.5.2011 vide which a total compensation in the sum of Rs.7,39,200/- had been awarded in favour of the claimant. The deceased Mohd.Ishak had died in an accident which had occurred on 02.10.2009. MAC APPEAL No.821/2011 Page 1 of 3 Contention of the claimant i.e. the widow of the deceased Mohd.Ishak was that Mohd. Ishak was working as a tailor; admittedly there was no documentary to the said effect. The minimum wages applicable on that date i.e. on the day of the accident of an unskilled worker were thus rightly taken into account which was Rs.3953/- per month. The Tribunal has, however, miscalculated the price rise and index inflation; there is a calculation error. In view of the catena of judgment of this Court reported in 2008 ACJ 2182 Delhi Kanwar Devi & Ors. Vs. Bansal Roadways & Ors.,; 2007 ACJ 2165 Lekh Raj & Anr. Vs.Suram Singh & Ors.; 2009 ACJ 1921 (Delhi) National Insurance Company Ltd. Vs. Renu Devi. 50% increase should have been added to the minimum wages working out to a sum of Rs.5930/- per month. Admittedly the deduction of 1/4th had to be made as there were five dependants of the deceased. After giving benefit of deduction the figure of salary of the income of the deceased is to be reduced to Rs.4447/-; and thereafter adding the multiplier of 12 to compute the annual income. The correct multiplier of 16 had to be applied for computing loss of dependency. The total compensation thus to be awarded under the head of 'loss of dependency' would read as Rs.8,53,824/- which is the figure now MAC APPEAL No.821/2011 Page 2 of 3 to be substituted for the amount awarded Rs.7,11,648/- under the aforenoted head. This modification is made accordingly. 2 Under the head of 'non-pecuniary' damages admittedly no amount had been granted for 'loss of love and affection'; 'consortium', 'funeral expenses' and 'loss of estate' alone have been taken into account. The deceased was aged about 30 years; his minor children, widow wife and mother had lost outer the love and affection which would have accrued to them in the normal course of life. Accordingly a sum of `50,000/- is awarded under the head of 'loss of love and affection'. The total awarded amount would now read as `9,31,324/- which is rounded off to `9,31,400/- upon which interest @ 7.5% per annum shall accrue to the claimants from the date of the filing of the petition till realization. With these modifications the appeal is disposed of.
INDERMEET KAUR, J.
SEPTEMBER 14, 2011 nandan MAC APPEAL No.821/2011 Page 3 of 3