Sajha & Ors vs National Insurance Co Ltd & Ors
2009 Latest Caselaw 3244 Del

15
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                        +       MAC.APP.No.222/2009

%                                    Date of decision: 19th August, 2009


      SAJHA & ORS                                      ..... Appellants
                            Through : Mr. K.D. Thakur, Adv. for
                                      Mr. R.S. Roy, Adv.

                       versus

    NATIONAL INSURANCE CO LTD & ORS ..... Respondents
                  Through : Mr. Pradeep Gaur, 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 Nos.6413-14/2009

1. For the reasons stated in the applications and noting that

the appellants have very good case on merits, the delay in filing

and refilling of this appeal is condoned.

2. Both CMs stand disposed of.

MAC.APP. 222/2009

1. The appellants have challenged the award of the learned

Tribunal whereby compensation of Rs.4,80,107/- has been

awarded to the appellants. The appellants seek enhancement of

the award amount.

2. The accident dated 24th April, 2000 resulted in the death of

Kameshwar Rai @ Maheshwar. The deceased was survived by his

widow, mother and two minor children who filed the claim

petition before the learned Tribunal.

3. The deceased was aged 30 years at the time of the accident

and was working as a loader at Azadpur Sabzi Mandi. In the

absence of any documentary proof of income, the learned

Tribunal took the minimum wages of Rs.2,419/- per month into

consideration and deducted 1/4th towards the personal expenses

of the deceased and applied the multiplier of 17 to compute the

loss of dependency at Rs.3,70,107/-. The deceased died after six

days of the accident and the learned Tribunal awarded

Rs.10,000/- towards the expenditure on treatment, Rs.10,000/-

towards funeral expenses, Rs.40,000/- towards loss of consortium

and Rs.50,000/- towards loss of love and affection. The total

compensation awarded is Rs.4,80,107/-.

4. The learned counsel for the appellant has challenged the

impugned award on the ground that the increase in minimum

wages due to inflation and increase in price index has not been

taken into consideration. The second ground of challenge is that

no compensation has been awarded towards 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.

6. Following the aforesaid judgments, the income of the

deceased for computation of compensation is taken to be

Rs.3,628.50 [(Rs.2,419 + Rs.4,838)/2]. Deducting 1/4 th towards

personal expenses of the deceased and applying the multiplier of

17, the loss of dependency is computed to be Rs.5,55,160.50

(Rs.3,628.50 x 3/4 x 12 x 17). The learned Tribunal has not

awarded any compensation towards loss of estate. However, the

learned Tribunal has awarded Rs.40,000/- towards loss of

consortium which is on a higher side. The compensation of

Rs.40,000/- towards loss of consortium is reduced to Rs.20,000/-

and remaining Rs.20,000/- is treated as compensation for loss of

estate.

7. The appellants are entitled to total compensation of

Rs.6,65,160.50 (Rs.5,55,160.50 + Rs.10,000/- + Rs.10,000/- +

Rs.20,000/- + Rs.20,000/- + Rs.50,000/-).

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

from Rs.4,80,107/- to Rs.6,65,160.50. The learned Tribunal has

awarded the interest @9% per annum which is not disturbed on

the original award amount of Rs.4,80,107/-. However, on the

enhanced amount, the appellants shall be entitled to the interest

@7.5% per annum from the date of filing of the petition till

realization.

9. Respondent No.1 is directed to deposit the enhanced award

amount along with interest with the Registrar General of this

Court within 30 days. The order with respect to the disbursement

of the award amount shall be passed on the next date of hearing

after hearing the appellants.

10. Appellant No.1 is directed to remain present in Court on the

next date of hearing.

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

both the parties under signatures of Court Master.

12. List on 7th October, 2009.

J.R. MIDHA, J

AUGUST 19, 2009 aj