Delhi High Court
Ganga Saran And Ors. vs Jogender Singh And Ors. on 24 March, 2009
Author: J.R. Midha
56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.118/2009
% Date of decision: 24th March, 2009
GANGA SARAN AND ORS. ..... Appellants
Through : Mr. Abhinash K. Mishra and
Mr. Jitin Sahni, Advs.
versus
JOGENDER SINGH AND ORS. ..... Respondents
Through : Mr. Kanwal Chaudhary, 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 the compensation of Rs.5,21,428/- has been
awarded to the appellant. The appellants seek enhancement of
the award amount.
2. The road accident dated 7th July, 2006 resulted in the death
of Satpal Singh who was hit by the offending vehicle while
walking on the road. The deceased was survived by his father,
widow and two daughters who filed the claim petition before the
learned Tribunal. The deceased was aged 26 years at the time of
the accident. The deceased was an electrician and was running
his own shop under the name and style of Ms. Deepa Electricals.
The appellants claimed the income of the deceased to be
Rs.10,000/- per month. However, since there was no
documentary evidence to corroborate the statement of the
appellants, the learned Tribunal took the minimum wages of
Rs.3,437/- of semi-skilled person. 1/3rd was deducted towards the
personal expenses of the deceased and the multiplier of 18 was
adopted to compute the loss of dependency at Rs.4,94,927.99.
The learned Tribunal has awarded Rs.12,500/- towards loss of
love and affection and loss of estate, Rs.4,000/- was awarded
towards funeral expenses and Rs.10,000/- was awarded towards
loss of consortium. The total compensation awarded is
Rs.5,21,427.99 (rounded off at Rs.5,21,428/-).
3. The appellants have challenged the impugned award on the
following grounds : -
(i) Increase in minimum wages be considered in view of
increase in price index and inflation rate.
(ii) Enhancement of the compensation for loss of love and
affection, loss of estate and loss of consortium.
(iii) Enhancement of the rate of interest from 7% per
annum to 9% per annum.
4. In the case of Kanwar Devi vs. Bansal Roadways, 2008
ACJ 2182, this Court took judicial notice of the increase of
minimum wages to meet the price index and inflation rate. 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.
5. In the case of Lekh Raj vs Suram Singh, 2007 ACJ 2165,
this Court took judicial notice of the increase in minimum wages
and the compensation was computed on the basis of the said
increase.
6. In the case of National Insurance Company Limited vs.
Renu Devi III (2008) ACC 134, this Court took the judicial
notice of the fact that the minimum wages get almost doubled
over the period of 10 years and the compensation was to be
computed on that basis.
7. In the case of UPSRC vs. Munni Devi,
MAC.APP.No.310/2007 decided on 28.07.2008, this Court followed
the aforesaid judgments and observed that the wages under the
Minimum Wages Act became almost more than double within a
span of 10 years period.
8. Following the aforesaid judgments, the income of the
deceased is computed by taking the average of the minimum
wages of Rs.3,437/- and double of the said amount. The monthly
income of the deceased comes to Rs.5,155.5/-
[(3,437+3,437x2)/2]. 1/3rd amount has to be deducted towards
personal expenses. The loss of dependency of the deceased is
accordingly computed at Rs.7,42,392/- [(5,155.5 - 1/3 x 5,155.5)x
12 x 18].
9. In Mohinder Kaur vs. Hira Nand Sindhi, 2007 ACJ
2123, the Apex Court has awarded interest @9% per annum on
the compensation of Rs.50,000/- towards loss of consortium
relating to the accident of 1982.
10. The Madras High Court in the case of United India
Insurance Co. Ltd. vs. Sulochana, III (2007) ACC 50 (DB),
has awarded Rs.50,000/- towards loss of consortium and
Rs.25,000/- to each of the claimants towards loss of love and
affection.
11. This Court has also awarded Rs.50,000/- towards loss of
consortium in the case of New India Assurance Co. Ltd. Vs.
Amresh Kumar, 2005 ACJ 538.
12. Following the aforesaid judgments, the award for loss of
consortium is enhanced from Rs.10,000/- to Rs.50,000/- and
compensation for love and affection and loss of estate is
enhanced from Rs.12,500/- to Rs.12,500/- to each of the
appellants. Total compensation comes to Rs.8,42,392/- (7,42,392
+ 50,000 + 12,500 + 12,500 + 12,500 + 12,500 + 4,000)
13. The learned Tribunal has awarded interest @ 7% per
annum. The appellant has claimed enhancement of interest from
7% per annum to 9% per annum. Following the judgment of the
Apex Court in the case of Dharampal vs. U.P. State Road
Transport Corporation, III 2008 ACC (1) SC, the rate of
interest is enhanced from 7% per annum to 7.5% per annum.
14. The appeal is allowed. The award amount is enhanced from
Rs.5,21,428/- to Rs.8,42,392/- along with interest @ 7.5% per
annum from the date of filing of the petition till realization.
15. The enhanced amount be deposited by respondent No.3
with the learned Tribunal within 30 days. Appellant No.1 shall get
Rs.50,000/- out of the enhanced amount. Out of the remaining
amount, the share of appellant Nos.2 to 4 shall be 50%, 25% and
25%. Out of the share of appellant No.2, 20% amount be
released to her and the remaining 80% be kept in a fixed deposit
for an initial period of 5 years in a nationalized bank on which
appellant No.1 shall be entitled to interest on periodical basis.
The shares of appellant Nos.2 to 4 shall remain in a fixed deposit
for a period of 5 years or till they attain majority, whichever is
later.
16. Copy of this order be given 'Dasti' to learned counsel for
both the parties under signatures of Court Master.
J.R. MIDHA, J
MARCH 24, 2009
mk
