Roshni Devi vs Rajinder Kumar
2009 Latest Caselaw 5158 Del

15
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +   MAC.APP.No.181/2006

                             Date of Decision: 11th December, 2009
%

      ROSHNI DEVI                              ..... Appellant
                           Through : Mr. Om Dutt Sharma, Adv.
                      versus

    RAJINDER KUMAR                     ..... Respondent
                  Through : Mr. S.L. Gupta, 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)

1. The appellants have challenged the award of the

learned Tribunal whereby compensation of Rs.3,69,000/- has

been awarded to the appellants. The appellants seek

enhancement of the award amount.

2. The accident dated 28th May, 1998 resulted in the

death of Babu Ram Garg. The deceased was survived by his

widow, three sons, daughter and parents who filed the claim

petition before the learned Tribunal.

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

accident and was carrying on the business of garments. It

was claimed that the deceased was earning Rs.4,000/- per

month. However, in the absence of any documentary

evidence of income, the learned Tribunal took the minimum

wages of Rs.2,103/- per month, deducted 1/3rd towards

personal expenses and applied the multiplier of 13 to

compute the loss of dependency at Rs.2,18,712/-.

Rs.1,00,000/- has been awarded towards loss of love and

affection and Rs.10,000/- has been awarded towards medical

expenses. The total compensation awarded is Rs.3,68,712/-.

4. The learned counsel for the appellants has urged the

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

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

Rs.4,000/- per month.

(ii) The future prospects be taken into consideration.

(iii) The personal expenses of the deceased be

reduced from 1/3rd to 1/5th.

(iv) The compensation be awarded for loss of

consortium and loss of estate.

5. With respect to the income of the deceased, no

documentary evidence was placed on record by the

appellants and, therefore, the learned Tribunal has rightly

taken minimum wages of Rs.2,103/-. However, the learned

Tribunal has not taken the increase in minimum wages due

to inflation and rise in price index.

6. It has been held by this Court in the cases of Kanwar

Devi vs. Bansal Roadways, 2008 ACJ 2182, 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

Court should take judicial notice of increase in minimum

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

The 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 and the

income should be computed by taking the average of

minimum wages and its double.

7. Following the aforesaid judgments, the income of the

deceased is taken to be Rs.3,154.50 [(Rs.2,103 +

Rs.4,206)/2].

8. The learned Tribunal has deducted 1/3rd towards

personal expenses of the deceased. However, according to

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

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

Scale 129, the appropriate deduction where the deceased

has left behind more than six legal representatives is 1/5th.

9. Following the aforesaid judgment of the Hon'ble

Supreme Court, the personal expenses of the deceased are

reduced from 1/3rd to 1/5th.

10. The learned Tribunal has applied the multiplier of 13

which is upheld. Taking the income of the deceased as

Rs.3,154.50, deducting 1/5th towards personal expenses and

applying the multiplier of 13, the loss of dependency is

computed to be Rs.3,93,681.60 (Rs.3,154.50 x 12 x 13 x

4/5).

11. The learned Tribunal has not awarded any

compensation towards loss of consortium and loss of estate.

However, the compensation of RS.1,00,000/- awarded for

loss of love and affection is on a higher side which is set

aside. The appellants shall be entitled to compensation of

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

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

for loss of estate. The compensation of Rs.40,000/- towards

medical expenditure and Rs.10,000/- towards funeral

expenses is upheld.

12. The appellants are entitled to total compensation of

Rs.4,73,681.60 (Rs.3,93,681.60 + Rs.10,000 + Rs.10,000 +

Rs.10,000 + Rs.40,000 + Rs.10,000).

13. The appeal is allowed and the award amount is

enhanced from Rs.3,69,000/- to Rs.4,73,681.60. The learned

Tribunal has awarded interest @12% per annum till 31 st

December, 2001 and thereafter @9% per annum which is not

disturbed as respondent No.3 has already paid the original

award amount along with interest as aforesaid. However, on

the enhanced award amount, the rate of interest shall be

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

realization.

14. The enhanced award amount along with interest be

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

Devi through Mr. M.M. Tandon, Member-Retail Team, UCO

Bank Zonal, Parliament Street, New Delhi (Mobile No.

09310356400) within 30 days.

15. The order of disbursement shall be passed on the next

date of hearing after examining the claimants who are

directed to remain present in the Court on the next date of

hearing.

16. Renotify for 18th January, 2010.

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

for the parties under signature of Court Master.

J.R. MIDHA, J

DECEMBER 11, 2009 aj