Smt. Mohari Devi And Ors. vs Shri Rajender Pal And Ors.
2008 Latest Caselaw 607 Del

JUDGMENT

Kailash Gambhir, J.

1. By way of the present appeal the appellants seek to challenge the impugned Award dated 27.07.2006 so as to claim enhancement in compensation amount over and above the amount of Rs. 1,85,000/- as awarded by the Tribunal. The conspectus of facts relevant for deciding the appeal are:

That on 26.6.92 Shri Rameshwar alias Shanti Swaroop, the deceased was driving taxi bearing registration No. DL1T-0337. He had taken his friends namely Shri Kishan Lal, Shri Ashok Kumar, Shri Mangat Singh and Shri Joginder Singh who were all residents of Delhi to Haridwar for 'Ganga shanan' in said taxi. On the next day at about 8.00 a.m. while they all were returning in the same taxi and had reached near Kasba Purkaji nearby Peer at Rourkee, one truck bearing registration No. URM 1137 was parked diagonally on the road facing Purkaji. As soon as the car reached near the truck, the truck driver reversed the truck suddenly, without giving any signal and struck the taxi which resulted in the driver of the car sustaining grievous injury and the other occupants also received injuries. Shri Rameshwar was taken to Government Hospital at Muzafarnagar but he died on the way.

2. Mr. Rajesh Yadav, counsel appearing for the appellant contended that the Tribunal has not properly assessed the income of the deceased although, the same was duly proved on record. Contention of the counsel for the appellants is that the deceased was earning a sum of Rs. 2,500/- per month and the said income was duly proved by the appellants in their evidence. Counsel for the appellants thus contended that the Tribunal has wrongly taken the help of the Minimum Wages Act for assessing the loss of financial dependence. The appellants are further aggrieved on account of 1/3rd deduction from the income of the deceased towards personal expenses although the deceased was survived by a large family comprising of his widow, three children and his parents. The contention of the counsel for the appellants is that for such a large family the deceased would not have been spending 1/3rd of his income towards personal expenses. The appellants are also aggrieved because of lower rate of interest i.e. 6% per annum granted by the Tribunal on the amount of compensation, which as per the counsel for the appellants should not have been less than 7.5% per annum. Meager amount of Rs. 10,000/- has been awarded towards loss of consortium, although the deceased died at quite a young age of 38 years. Counsel for the appellants contended that the appellants are also aggrieved on account of the fact that the Tribunal has not given any benefit of the future prospects.

3. Per contra Mr. A.K. De counsel appearing for the insurance company vehemently refuted the submissions made by the counsel for the appellants. Mr. De submits that the Tribunal has taken into account all the relevant factors for awarding the compensation amount of Rs. 1,85,000/- in favor of the appellants. Counsel also submits that the appellants had failed to establish the income of the deceased at Rs. 2,500/- and therefore, no fault can be found with the findings of the Tribunal with regard to the determination of the income of the deceased on the basis of the Minimum Wages Act. Counsel for the respondent further justified the grant of compensation under other heads of non-pecuniary damages.

4. I have heard learned Counsel for the parties and have perused the record.

5. The Tribunal in the impugned Award has clearly observed that no document was placed by the appellant so as to prove that he was an employee of respondent No. 2 as taxi driver. In the absence of any cogent or sufficient material placed on record by the appellants the Tribunal has rightly taken the help of Minimum Wages Act so as to determine the income of the deceased as payable in the category of skilled workers. The income of the deceased under the Minimum Wages Act as prevalent on the date of the accident was taken at Rs. 1208/- per month or Rs. 14,496/- per annum. The Tribunal, however, has not taken into account the increase in the Minimum Wages Act so as to give some benefit of increased wages as revised by the Government under the Minimum Wages Act. This Court has taken a consistent view that once the income of any person is assessed under the Minimum Wages Act then some benefit of increase in accordance with the Minimum Wages Act can also be considered. Perusal of the Minimum Wages Act clearly shows that the income in any category of the workman under the Minimum Wages Act gets more than doubled within a period of 10 years and therefore, the income of the deceased as assessed at Rs. 1208/- can be easily taken to the double of the said amount i.e. Rs. 2416/- and then taking an average of the same the monthly income of the deceased would come to Rs. 1,812/- per month.

6. The Tribunal has deducted 1/3rd income of the deceased towards personal expenses. Admittedly, the deceased is survived by his widow, three children and parents and therefore, to support and maintain such a large family the deceased would not have been spending so much of the amount towards his personal expenses. Considering the extent of such a large family, I allow deduction of 1/5th from the income of the deceased towards personal expenses. After the said deduction from the above income the total loss towards financial dependence would come to Rs. 1,445/- per month or Rs. 17,396/- per annum and after applying the multiplier of 16, the loss of dependence will come out as Rs. 2,78,323/-. The amount of Rs. 1,54,624/- as granted by the Tribunal towards loss of dependence is enhanced to Rs. 2,78,323/-.

7. The Tribunal has granted a meager amount of Rs. 10,000/- towards loss of consortium, although the deceased was 38 years of age at the time of accident and his widow must be younger in age than him. The award of Rs. 10,000/- towards loss of consortium is enhanced to Rs. 50,000/-.

8. 6% interest as awarded by the Tribunal as on the date of passing of the award i.e. 27.07.2006 appears to be on the lower side. The same is enhanced to 7.5% per annum but this enhancement in interest from 6% to 7.5% will be effective only w.e.f. 1.1.2000 and prior thereto the same is upheld. No amount of compensation has been awarded for loss of estate. The same is also granted in a sum of Rs. 10,000/-. After calculating the enhancement granted by this Court in favor of the appellants the respondent insurance company shall pay the differential amount along with up to date interest to be calculated @ 6% from the date of filing of petition till 31.12.1999 and @ 7.5% w.e.f. 1.1.2000 till final payment.

9. With these directions, the present appeal is remitted back to the Tribunal for apportionment of the differential amount of compensation in favor of the appellants.

10. With these directions the present appeal is disposed of.