Shakuntala & Ors. vs Laxman Etc
2009 Latest Caselaw 3468 Del

33
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                        +      MAC.APP.No.414/2009

%                                  Date of decision: 31st August, 2009


      SHAKUNTALA & ORS.                             ..... Appellants
                    Through :           Mr. Jatinder Kamra, Adv.

                      versus

      LAXMAN ETC                                 ..... Respondent
                            Through :   Mr. Amit Kumar Pandey, Adv.
                                        for R-3.

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.12110/2009

1. Allowed, subject to just exceptions.

2. The application stands disposed of.

CM No.12111/2009

1. For the reasons stated in the application, the delay of 24 days in

filing of this appeal is condoned.

2. CM stands disposed of.

MAC.APP. 414/2009

1. Issue notice to respondent No.3.

2. Mr. Amit Kumar Pandey, Advocate accepts notice on behalf of

respondent No.3.

3. This appeal involves a very short point and, therefore, has been

finally heard at admission stage itself.

4. The appellants have challenged the award of the learned

Tribunal whereby compensation of Rs.4,64,880/- has been awarded to

the appellants. The appellants seek enhancement of the award

amount.

5. The accident dated 9th July, 2007 resulted in the death of

Braham Dass. The deceased was survived by his widow, three sons

and father who filed the claim petition before the learned Tribunal.

6. The deceased was aged 46 years at the time of the accident and

was working as an Ice Cream vendor. The learned Tribunal took the

minimum wages of Rs.3,470/- per month into consideration, deducted

1/3rd towards personal expenses and applied the multiplier of 13 to

compute the loss of dependency of Rs.3,60,880/-. Rs.50,000/- has

been awarded towards loss of consortium, Rs.4,000/- towards funeral

expenses and Rs.50,000/- towards loss of estate and loss of love and

affection. The total compensation awarded is Rs.4,64,880/-.

7. The learned counsel for the appellant submits that the learned

Tribunal has not taken the judicial notice of increase in minimum

wages due to inflation and rise in price index and has deducted 1/3rd

towards personal expenses instead of 1/4th.

8. The learned counsel for respondent No.3 in reply submits that

the non-pecuniary compensation for loss of consortium, loss of estate

and loss of love and affection is on a higher side.

9. 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, 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 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. With respect to the deduction of personal expenses, it

has been held by the Hon'ble Supreme Court in the case of Sarla

Verma Vs. Delhi Transport Corporation, 2009 (6) Scale 129 that

the personal expenses have to be taken as 1/4th of the income of the

deceased where the number of dependents are 4 to 6.

10. Following the aforesaid judgments, the income of the deceased

for computation of compensation is taken to be Rs.5,205/- [(Rs.3,470 +

Rs.6,940)/2]. The personal expenses of the deceased are taken to be

1/4th. Taking the income of the deceased to be Rs.5,205/-, deducting

1/4th towards personal expenses and applying the multiplier of 13, the

loss of dependency is computed to be Rs.6,08,985/- (Rs.5,205 x 3/4 x

12 x 13). The compensation for loss of consortium and loss of estate

and loss of love and affection is on a higher side. The learned Tribunal

has relied on the judgment of this Court where Rs.50,000/- has been

awarded towards loss of love and affection and loss of estate and

Rs.50,000/- towards loss of consortium. However, in view of the

judgment of the Hon'ble Supreme Court in the case of Sarla Verma

Vs. Delhi Transport Corporation (supra) where the Hon'ble

Supreme Court has awarded Rs.10,000/- towards loss of consortium

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

heads of loss of consortium, loss of estate, loss of love and affection

and funeral expenses are awarded @ Rs.10,000/- under each of the

said heads.

11. The total compensation is computed to be Rs.6,48,985/-

Rs.6,08,985 + Rs.10,000 + Rs.10,000 + Rs.10,000 + Rs.10,000).

12. The appeal is allowed and the award amount is enhanced from

Rs.4,64,880/- to Rs.6,48,985/- along with interest @ 7% per annum

from the date of filing of the petition till realization.

13. The enhanced award amount along with interest be deposited by

respondent No.3 with the learned Tribunal within 30 days.

14. Upon such deposit being made, the learned Tribunal is directed

to disburse the award amount in the same manner and proportion as in

the original award.

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

parties under the signature of Court Master.

J.R. MIDHA, J

AUGUST 31, 2009 aj