Delhi High Court
Asha Devi & Ors. vs Jitender Sharma & Ors. on 6 March, 2009
Author: J.R. Midha
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.509/2008
% Date of decision: 6th March, 2009
ASHA DEVI & ORS. ..... Appellants
Through : Mr. O.P. Mannie, Adv.
versus
JITENDER SHARMA & ORS. ..... Respondents
Through : Mr. Mohan Babu Aggarwal,
Adv. for R - 3.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may
be allowed to see the Judgment?
2. To be referred to the Reporter or not?
3. Whether the judgment should be
reported in the Digest?
JUDGMENT (Oral)
1. Issue notice to respondent No.3 only.
2. Mr. Mohan Babu Aggarwal, Advocate accepts notice on
behalf of respondent No.3.
3. With the consent of the parties, the matter is finally heard
at admission stage.
4. The appellants have challenged the award of the Learned
Tribunal whereby the compensation of Rs.5,10,000/- has been
awarded to the appellants. The appellants seek enhancement of
the award amount.
5. This case relates to the death of Manoj Kumar in a road
accident involving truck bearing No.UP-14J-9233 on 24th
September, 2005. The deceased was coming home on foot after
buying atta for his family when he was hit by the offending truck
near Pahalwan Market, Loni resulting in his death.
6. The deceased was survived by his parents aged 46 and 50
years who filed the claim petition before the Learned Tribunal.
The deceased was aged 22 years at the time of the accident and
was doing computer job earning Rs.6,000/- per month. However,
no documentary proof was produced before the Learned Tribunal
and, therefore, the Learned Tribunal took the income of the
deceased according to the minimum wages at Rs.3,589/-. The
figure of minimum wages was rounded off as Rs.4,000/- per
month.
7. The learned Tribunal deducted 1/3rd towards the personal
expenses of the deceased and the multiplier of 15 was applied
considering the age of the parents to compute the loss of
dependency at Rs.4,18,000/-. Rs.30,000/- has been awarded
towards loss of estate, funeral expenses and transportation
expenses of the dead body. The total compensation awarded is
Rs.5,10,000/-.
8. The appellants have challenged the impugned award on the
following grounds:-
(i) The Learned Tribunal did not consider the increase of
minimum wages on account of cost neutralization,
increase in cost of living and inflation.
(ii) No amount has been awarded towards loss of love and
affection and loss of company to the appellants.
9. Learned counsel for the appellant refers to and relies upon
the judgments 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 where the Court has taken the judicial notice of
the increase in minimum wages. The Courts have taken the
average of minimum wages and the double of it and computed
the loss of income of the deceased. Following the aforesaid
judgments, the income of the deceased is computed by taking
the average of minimum wages of Rs.3,589 per month and
double of it, i.e.,Rs.7,178/- which comes to Rs.5,385/- [(3,589 +
7,178)/2] and after deducting 1/3rd towards personal expenses of
the deceased and applying the multiplier of 15, loss of
dependency of the appellants is computed at Rs.6,46,200/-
(Rs.5,385 x 2/3 x 12 x 15).
10. The Learned Tribunal has not awarded any amount towards
loss of love and affection and loss of company of the deceased to
the appellants. The compensation computed on the basis of
multiplier is the pecuniary damage payable to the appellants.
The appellants are also entitled to non-pecuniary damages for
loss of love and affection and company. These damages are
conventional in nature and should be uniformly awarded.
Following the recent judgments, I award Rs.25,000/- towards loss
of love and affection and company of the deceased to the
appellants. The total compensation comes to Rs.7,01,200/-
(Rs.6,46,200 + Rs.30,000 + Rs.25,000).
11. The appeal is, therefore, allowed. The award amount is
enhanced from Rs.5,10,000/- to Rs.7,01,200/- on which the
appellant shall be entitled to interest @ 7.5% per annum from the
date of filing of the petition before the Learned Tribunal till the
date of award.
J.R. MIDHA, J
th
6 March, 2009
mk
