Resham & Ors vs Harish Kaushik & Ors
2009 Latest Caselaw 5160 Del

18
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +   MAC.APP.No.560/2007

                               Date of Decision: 11th December, 2009
%


      RESHAM & ORS                               ..... Appellants
                           Through : Mr. N.K. Jha, Adv.

                      versus

      HARISH KAUSHIK & ORS                ..... Respondents
                    Through : Mr. Udit Kumar Chaturvedi,
                              Adv. for Mr. A.K. De, Adv.

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.3,05,000/- has

been awarded to the appellants. The appellants seek

enhancement of the award amount.

2. The accident dated 14th November, 2004 resulted in the

death of Budh Ram. The deceased was survived by his

widow, three daughters, two sons and parents who filed the

claim petition before the learned Tribunal.

3. The deceased was aged 40 years at the time of the

accident and was carrying on the business of cloth merchant.

However, in the absence of any documentary evidence of

income, the learned Tribunal has presumed the income of

Rs.22,500/- per annum. 1/4th was deducted towards personal

expenses of the deceased and the multiplier of 16 was

applied to compute the loss of dependency at Rs.2,70,000/-.

Rs.25,000/- has been awarded towards loss of love and

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

expenses. The total compensation awarded is Rs.3,05,000/-.

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 into

consideration according to the minimum wages.

      (ii)    The increase in minimum wages due to inflation

              and     rise   in   price    index   be   taken          into

              consideration.

(iii) The personal expenses of the deceased be

reduced from 1/4th to 1/5th.

(iv) The compensation be awarded for loss of

consortium and loss of estate.

5. The learned Tribunal has taken the notional income of

the deceased to be Rs.22,500/- in the absence of any

documentary proof of income. The proper course in the

event of the appellants not succeeding in proving the income

of the deceased by documentary evidence is to take the

minimum wages. The finding of the learned Tribunal in this

regard is, therefore, set aside. The income of the deceased

is taken to be Rs.3,060.90 per month as per the minimum

wages for a semi-skilled person as on 1st August, 2004.

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 for computation of compensation is taken to be

Rs.4,591.35 [(Rs.3,060.90 + Rs.6,121.80)/2]. The learned

Tribunal has applied the multiplier of 16. However, the

appropriate multiplier at the age of 40 years is 15 as per the

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

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

129. The multiplier is, therefore, reduced from 16 to 15.

8. The learned Tribunal has deducted 1/4th towards

personal expenses of the deceased. However, according to

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

Sarla Verma (supra), the appropriate deduction where the

deceased has left behind eight 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 1/4th to 1/5th.

10. Taking the income of the deceased as Rs.4,591.35,

deducting 1/5th towards personal expenses and applying the

multiplier of 15, the loss of dependency is computed to be

Rs.6,61,154/- (Rs.4,591.35 x 12 x 15 x 4/5). Adding

Rs.25,000/- towards loss of love and affection and

Rs.10,000/- towards funeral expenses, the total

compensation is computed to be Rs.6,96,154/- (Rs.6,61,154

+ Rs.25,000 + Rs.10,000).

11. The learned Tribunal has not awarded any

compensation for loss of consortium and loss of estate.

However, considering that the compensation for loss of love

and affection is on a higher side, the compensation of

Rs.25,000/- towards loss of love and affection shall be

treated to be towards loss of love and affection, loss of

consortium and loss of estate and no further amount is

awarded on this account.

12. The appeal is allowed and the award amount is

enhanced from Rs.3,05,000/- to Rs.6,96,154/- along with

interest @7.5% 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 UCO Bank A/c Resham

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

Zonal, Parliament Street, New Delhi (Mobile No.

09310356400) within 30 days.

14. The order of disbursement shall be passed after

examining the claimants who are directed to remain present

in the Court on the next date of hearing.

15. List on 22nd January, 2010.

16. 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