Lalita Devi & Ors. vs Manjit Singh & Ors.
2009 Latest Caselaw 3410 Del

32
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                    +     FAO.No.99/2003

                             Date of Decision: 27th August, 2009
%

      LALITA DEVI & ORS.                      ..... Appellants
                     Through:      Mr. A.C. David, Adv.
                versus

      MANJIT SINGH & ORS.                     ..... Respondents
                     Through:      Mr. Vishnu Mehra and
                                   Mr. R.L. Kadamb, Adv. for
                                   NIC

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)

1. The appellants have challenged the award of the

learned Tribunal whereby compensation of Rs.1,75,000/- has

been awarded to them. The appellants seek enhancement of

the award amount.

2. The accident dated 27th June, 1999 resulted in the

death of Vipin Kumar. The deceased was survived by his

widow, three daughters and one minor son, who filed the

claim petition before the learned Tribunal.

3. The deceased was aged 35 years at the time of the

accident and was a vegetable seller. The appellants claimed

the income of the deceased to be Rs.3,000/- per month.

However, in the absence of any documentary evidence of

proof of income, the learned Tribunal took the income of

the deceased to be Rs.15,000/- per annum. 1/3 was

deducted towards personal expenses of the deceased and

the multiplier of 16 was applied to compute the loss of

dependency at Rs.1,60,000/-. Rs.5,000/- has been awarded

towards funeral expenses and Rs.10,000/- has been towards

loss of love, affection and company. Total compensation

awarded is Rs.1,75,000/-.

4. The learned counsel for the appellant urged the

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

(i) The income of the deceased be taken according to

the minimum wages as on the date of the

accident.

(ii) The increase in minimum wages due to inflation

and increase in price index be taken into

consideration.

(iii) The personal expenses of the deceased be

reduced from 1/3 to 1/4 considering that the

deceased has left behind five dependents.

(iv) Compensation be awarded for loss of estate.

(v) Compensation be also awarded for loss of

consortium.

5. It is well settled that in the absence of any

documentary proof of income, the minimum wages are to be

taken into consideration to compute the compensation. The

minimum wages for unskilled worker on the date of the

accident was Rs.1,495/-. The learned Tribunal, therefore,

erred in taking the income of the deceased to be Rs.15,000/-

per annum. It is also well settled by a 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, National Insurance Company Limited

vs. Renu Devi III (2008) ACC 134, and UPSRTC vs.

Munni Devi, MAC.APP.No.310/2007 decided on 28.07.2008

that the judicial notice is to be taken of increase in minimum

wages to meet the inflation and increase in price index. This

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. The income

of the deceased for computation of compensation is taken as

average of minimum wages and its double. Following the

aforesaid judgments, the income of the deceased for

computation of compensation is taken to be Rs.2,242.50

[(Rs.1,495 + Rs.2,990 / 2)].

6. The Hon'ble Supreme Court in the recent judgment in

the case Sarla Verma Vs. DTC, 2009 (6) Scale 129 has

held that personal expenses of the deceased have to be

taken to be 1/4 where the deceased has left behind 4 to 6

dependants. In the present case, the deceased has left

behind five dependants. Following the judgment of the

Hon'ble Supreme Court, personal expenses of the deceased

are reduced from 1/3 to 1/4. The learned Tribunal has not

awarded any amount towards loss of consortium and loss of

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

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

7. Taking income of the deceased to be Rs.2,242.50,

deducting 1/4 towards personal expenses of the deceased

and applying the multiplier of 16 and adding Rs.5,000/-

towards funeral expenses, Rs.10,000/- towards loss of love

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

Rs.10,000/- towards loss of estate, the total compensation is

computed as Rs.3,57,920/- [(Rs.2,242.50 X 3/4 X 12 x 16) +

Rs.5,000 + Rs.10,000 + Rs.10,000 + Rs.10,000].

8. The appeal is allowed and the award amount is

enhanced from Rs.1,75,000/- to Rs.Rs.3,57,920/-.

9. The learned Tribunal awarded interest @ 9% per

annum, which is not disturbed on the original award amount

of Rs.1,75,000/-. However, rate of interest on the enhanced

award amount shall be 7.5% per annum from the date of

filing of the petition till date of deposit.

10. The enhanced award amount along with interest be

deposited by respondent No.3 with UCO Bank A/c. Lalita Devi

within 30 days.

11. The order with respect to the disbursement of the

enhanced award amount shall be passed on the next date of

hearing after examining the appellants who are directed to

remain present on the next date of hearing.

12. List for directions on 29th October, 2009.

13. Copy of this order be given dasti to learned counsel for

both the parties.

J.R. MIDHA, J AUGUST 27, 2009 s.pal