Delhi High Court
Lekh Raj And Anr. vs Suram Singh And Ors. on 22 January, 2007
Equivalent citations: II (2007) ACC 107
Author: P Nandrajog
Bench: P Nandrajog
JUDGMENT
Pradeep Nandrajog, J.
1. Appellants, parents of the deceased Ranjan Kumar, who died at an accident on 3.5.1993 seek enhancement of compensation awarded.
2. The award is dated 15.5.2003. Loss of dependence to the appellants has been worked out as under:
15. According to PW 1 Lekh Raj, father of the deceased, the deceased-Ranjan Kumar was working as Conductor and used to give Rs. 1,000/- per month for household expenses and at the time of accident was unmarried and was aged about 25 years. It has also been stated by PW 1 that if Ranjan Kumar would not have died, he would have been earning a sum of Rs. 3,000/- per month. Keeping in view the age of the deceased-Ranjan Kumar and also his antecedents and the fact that he has passed Senior School Certificate Examination in 1988 as per photocopy Ex. PW 1/13 and also the background of the parents of the deceased and the age of the petitioners and also the future prospects, a compensation amount of Rs. 1,60,000/-would be just and reasonable which is being awarded as compensation in this case and this issue is decided accordingly.
3. Hardly any reasons are surfacing for me to appreciate as to what process of reasoning has been adopted by the Tribunal to arrive at the compensation amount of Rs. 1.6 lacs.
4. Shri O.P. Goyal, learned Counsel for the appellants has conceded that there"" was contributory negligence and on account thereof, the learned Tribunal was justified in passing another order of even date reducing the compensation payable to Rs. 1.35 lacs.
5. The only issue which needs determination is, whether the findings as per para 15 of the award are reasonable.
6. The accident in question took place on 3.5.1993. The deceased was aged 25 years.
7. In my view, Tribunal erred in awarding a lump sum compensation of Rs. 1,60,000/-to the appellants.
8. My first task is to determine the monthly income of the deceased at the time of the accident. As there is no satisfactory evidence on record showing monthly income of deceased, I take help of the minimum wages as notified by the Central Government under the Minimum Wages Act, 1948.
9. Ex. PW 1/13 shows that deceased had passed Senior School Certificate Examination in the year 1988. Minimum wages to matriculates as on February, 1993 notified under the Minimum Wages Act, 1948 is Rs. 1,342/- per month. Thus, I take the monthly income of the deceased at the time of his accident as Rs. 1,342/- per month.
10. I have before me the minimum wages notified under the Minimum Wages Act, 1948 which show that pertaining to matriculates, minimum wages have risen from Rs. 1,342/- per month as on 1.2.1993 to Rs. 3,231 /- per month as on 1.2.2003. Between 1.2.1993 and 1.2.2003, the percentage increase is nearly 150%.
11. Minimum wages are notified keeping into account the inflationary trends and cost indices. These are the minimum wages which law presumes would be required for a person to sustain himself at the minimum level of subsistence.
12. The deceased had over 35 years of gainful employment assuming he would have worked till the age of 60 years.
13. In my opinion, future prospects have to be considered and granted.
14. Taking Rs. 1,342/- as the basis and doubling the same and taking the mean of the two, the average income of the deceased works out to Rs. 2,013/- per month.
15. Deducting 1/3rd towards personal expenses of the deceased, loss of dependency to appellants is assessed as Rs. 1,342/- per month.
16. Keeping in view Second Schedule to the M.V. Act 1988 and the fact that the deceased was unmarried, I consider multiplier of 17 as fair and reasonable.
17. Accordingly, Rs. 2,73,768/- would be the compensation to the appellants.
18. I further award a conventional sum of Rs. 15,000/- for loss of consortium to the parents as also Rs. 2,000/- towards funeral expenses. Thus, the total compensation works out to Rs. 2,90,768/-.
19. I note that the Tribunal had deducted 15% of the compensation on account of the contributory negligence of the deceased. Accordingly, 15% of the compensation determined to the appellants is deducted for the same reasons. Thus, the net compensation awarded to the appellants is Rs. 2,47,153/-.
20. Appeal accordingly stands disposed of. Award pertaining to death of deceased decided vide Petition No. 304/1993 by the learned MACT is modified by enhancing the compensation from Rs. 1,60,000/- to Rs. 2,47,153/-.
21. I further direct that the enhanced compensation shall be paid to the appellants together with interest at 6% per annum from date of claim till date of realisation.
22. No costs.
