Jyoti Kukreja & Ors vs The New India Insurance Co Ltd & Ors
2009 Latest Caselaw 3144 Del

11
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                         +       MAC.APP.588/2008

%                                    Date of decision: 12th August, 2009


      JYOTI KUKREJA & ORS                 ..... Appellants
                     Through : Mr. C.S. Parashar and
                               Mr. Sachin Sharma, Advs.

                       versus

      THE NEW INDIA INSURANCE
      CO LTD & ORS                        ..... Respondents
                     Through : Mr. S.L. Gupta, Adv. for R-1.


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.17000/2008

1. For the reasons stated in the application and also taking

note that the appellants have very good case on merits, the delay

in filing of this appeal is condoned.

2. CM stands disposed of.

MAC.APP. 588/2008

1. The appellants have challenged the award of the learned

Tribunal whereby compensation of Rs.3,38,000/- has been

awarded to the appellants.

2. The accident dated 17th March, 2005 resulted in the death

of Maninder Kumar. The deceased was survived by his widow,

one daughter, one son and mother who filed the claim petition

before the learned Tribunal.

3. The deceased was aged about 50 years at the time of the

accident and was working as a supervisor with Balaji Transport

Company earning Rs.7,000/- per month. However, in the absence

of any documentary evidence to prove the income and the

employer not having been examined, the learned Tribunal took

the minimum wages of Rs.3,500/- for a skilled worker and applied

the multiplier of 11 after deducting 1/3rd towards the personal

expenses of the deceased to compute the loss of dependency at

Rs.3,08,000/-. Rs.10,000/- has been awarded towards funeral

expenses and Rs.20,000/- towards loss of love and affection. The

total compensation awarded is Rs.3,38,000/-.

4. The learned counsel for the appellant has urged the

following grounds at the time of hearing of this appeal:-

(i) The increase in minimum wages due to inflation and rise in

price index has not been taken into consideration.

(ii) The personal expenses of the deceased be reduced from

1/3rd to 1/4th.

(iii) The multiplier be enhanced from 11 to 13.

(iv) The compensation be awarded towards loss of consortium

and loss of estate.

5. It is well settled by 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 that the judicial notice be taken of increase in minimum

wages due to inflation and rise in price index and that the

minimum wages get doubled over the period of 10 years and the

average of minimum wages and its double be taken to compute

the income of the deceased for computation of compensation.

Following the aforesaid judgments, the income of the deceased

for computation of compensation is taken to be Rs.5,250/-

[(Rs.3,500 + Rs.7,000)/2].

6. The learned Tribunal has deducted 1/3rd towards the

personal expenses of the deceased and applied the multiplier of

11. The deceased has left behind four dependents. According to

the recent judgment of the Hon'ble Supreme Court in the case of

Sarla Verma Vs. Delhi Transport Corporation, 2009 (6)

Scale 129, the appropriate multiplier at the age of 50 is 13 and

1/4th has to be deducted towards personal expenses with respect

to the deceased who has left behind 4 - 6 legal representatives.

Following the aforesaid judgment of the Hon'ble Supreme Court,

the personal expenses of the deceased are reduced from 1/3 rd to

1/4th and the multiplier is enhanced from 11 to 13.

7. The learned Tribunal has not awarded any compensation

towards loss of consortium and loss of estate. Rs.10,000/- is

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

towards loss of estate.

8. The appellants are entitled to the loss of dependency at

Rs.6,14,250/- (RS.5,250 x 3/4 x 12 x 13). Adding Rs.10,000/-

towards loss of consortium, Rs.10,000/- towards loss of estate,

Rs.10,000/- towards funeral expenses and Rs.20,000/- towards

loss of love and affection, the total compensation is computed to

be Rs.6,64,250/- (Rs.10,000 + Rs.10,000 + Rs.10,000 +

Rs.20,000).

9. The appeal is allowed and the award amount is enhanced

from Rs.3,38,000/- to Rs.6,64,250/- along with interest @7.5%

from the date of filing of the petition till realization.

10. The enhanced award amount along with interest be

deposited by the appellant with UCO Bank A/c Jyoti Kukreja within

30 days. The cheque be drawn in the name of UCO Bank, Delhi

High Court Brach and be handed over to Mr. M.M. Tandon,

Member-Retail Team, UCO Bank Zonal, Parliament Street, New

Delhi (Mobile No. 09310356400).

11. The order with respect to disbursement of the award

amount shall be passed on 5th October, 2009 after hearing the

appellants. Appellant No.1 is directed to remain present in the

Court on the next date of hearing.

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 12, 2009 aj