M/S National Insurance Co. Ltd vs Mithlesh Devi & Ors.
2009 Latest Caselaw 1638 Del

13
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +    MAC.APP.370/2004

                                Date of Decision: 24th April, 2009
%

      M/S NATIONAL INSURANCE CO. LTD       ..... Appellant
                     Through : Ms. Sonia Sharma, Adv.

                       versus

      MITHLESH DEVI & ORS.          ..... Respondents
                    Through : None.


CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?

3.      Whether the judgment should be
        reported in the Digest?

                           JUDGMENT (Oral)

1. The accident dated 5th February, 1998 resulted in the

death of Het Ram. The deceased was aged 24-25 years at

the time of the accident and was working as a farmer. The

deceased left behind his widow and two daughters who filed

the claim petition before the learned Tribunal.

2. The claimants claimed that the respondent was earning

Rs.15,000/- per month from agriculture. However, in the

absence of documentary evidence, the learned Tribunal took

the minimum wages at Rs.2,385/-. The average income was

taken at Rs.3,527/- by taking the future prospects into

consideration. 1/3rd was deducted towards the personal

expenses of the deceased and the multiplier of 17 was

applied to compute the loss on dependency at Rs.4,59,000.

Rs.10,000/- was awarded towards loss of consortium, loss of

love and affection and loss of estate and Rs.6,000/- was

awarded towards funeral expenses. The total compensation

awarded is Rs.4,75,000/-.

3. The only ground of challenge in this appeal is that the

future prospects should not have been taken into

consideration.

4. In the case of Kanwar Devi vs. Bansal Roadways,

2008 ACJ 2182, this Court took judicial notice of the

increase of minimum wages to meet the 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. In

the case of Lekh Raj vs Suram Singh, 2007 ACJ 2165,

this Court took judicial notice of the increase in minimum

wages and the compensation was computed on the basis of

the said increase. In the case of National Insurance

Company Limited vs. Renu Devi III (2008) ACC 134, this

Court took the judicial notice of the fact that the minimum

wages get almost doubled over the period of 10 years and

the compensation was to be computed on that basis. In the

case of UPSRC vs. Munni Devi, MAC.APP.No.310/2007

decided on 28.07.2008, this Court followed the aforesaid

judgments and observed that the wages under the Minimum

Wages Act became almost more than double within a span of

10 years period.

5. The minimum wages get doubled in the period of 10

years and the increase in minimum wages is not akin for

future prospects. Though the learned Tribunal has

mentioned the future prospects but it is equivalent to

increase in the minimum wages due to inflation and price

index which is permissible to be taken into consideration.

6. The learned Tribunal has awarded just, fair and

reasonable compensation to the claimants. There is no

infirmity in the award of the compensation by the learned

Tribunal.

7. The appeal is, therefore dismissed.

8. Copy of this order be given 'Dasti' to learned counsel

for the appellant under signatures of Court Master.

J.R. MIDHA, J

APRIL 24, 2009 mk