Delhi High Court
The New India Assurance Co. Ltd vs Jagpati & Ors. on 10 August, 2009
Author: J.R. Midha
13
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.22/2007
Date of Decision: 10th August, 2009
%
THE NEW INDIA ASSURANCE CO. LTD ..... Appellant
Through Mr. R.K. Tripathi, Advocate.
versus
JAGPATI & ORS. ..... Respondents
Through Mr. Manish Maini Advocate for
Mr.O.P. Goyal, advocate for respondent
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 No. 465/07, CM No. 4807/08 and MAC no. 22/07
1. The appellants have challenged the award of the
learned Tribunal whereby compensation of Rs.3,30,000/- has
been awarded to the claimant/respondent no.1.
2. The accident dated 2nd October, 2005 resulted in the
death of Ram Nath Pal. The deceased was survived by his
widow who filed the claim before the Tribunal.
3. The deceased was aged 58 years and was in private
service with M/s Kumar Traders earning Rs.4,500/-. However,
in the absence of any documentary evidence to prove the
income, the learned Tribunal took the minimum wages of
Rs.3,200 for an unskilled worker and added 50% of the same
towards future prospects. The learned Tribunal deducted
1/3rd towards the personal expenses of the deceased and
applied the multiplier of 8 to compute the financial
dependency of the petitioner at Rs.3,10,000/-. Rs.10,000/-
has been awarded towards consortium and Rs.10,000/- has
been awarded towards funeral rites. Total compensation
awarded is Rs.3,30,000/-.
4. The only ground of challenge urged at the time of
hearing of this appeal is that the future prospects should not
be taken into consideration.
5. It is well settled by the catena of judgments of this
Court in the cases of Kanwar Devi vs. Bansal Roadways,
2008 ACJ 2182, Lekh Raj vs Suram Singh, 2007 ACJ
2165 and National Insurance Company Limited vs.
Renu Devi, III (2008) ACC 134 and UPSRC vs. Munni
Devi, MAC.APP.No.310/2007 that minimum wages get
doubled over the period of 10 years due to inflation and rise
in price index and, therefore, judicial notice should be taken
and income for computation of compensation be taken as
average of the minimum wages and its double.
6. The learned Tribunal has added 50% of the minimum
wages towards future prospects. In fact, 50% of the
minimum wages should have been added towards the
inflation and increase in price index in terms of the aforesaid
judgments and not towards future prospects. Be that as it
may, 50% of the minimum wages added by the learned
Tribunal are treated towards the increase in minimum wages
due to inflation and rise in price index.
7. The addition of 50% of minimum wages is upheld but as
increase in minimum wages due to inflation and increase in
price index and not as future prospects.
8. There is no merit or substance in this appeal, which is
dismissed.
9. The appellant has deposited 50% of the award amount
along with interest in terms of the order dated 12 th January,
2007. The ex-parte stay on the remaining 50% award
amount is hereby vacated. The appellant is directed to
deposit the remaining 50% of the award amount with the
learned Tribunal within 30 days. Upon aforesaid deposit
being made, the learned Tribunal shall release the same to
claimant/respondent No.1.
10. CM 465/07 is dismissed. CM No.4807/2008 is allowed.
11. After the deposit of the entire award amount along with
interest the appellant shall furnish the proof of deposit,
whereupon the Registry shall release the statutory amount of
Rs.25,000/- to the appellant through counsel.
12. Copy of this order be given 'Dasti' to learned counsel
for the parties under the signature of Court Master.
J.R. MIDHA, J
August 10, 2009
HL
