Yusuf Ali vs Kalu Lal
2009 Latest Caselaw 4580 Del

21
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +       FAO.No.193/2003

%                             Date of decision: 10th November, 2009


      YUSUF ALI                                   ..... Appellant
                        Through : Mr. S.N. Parashar, Adv.

                   versus

      KALU LAL                                  ..... Respondent
                        Through : Mr. S.L. Gupta,
                                  Ms. Neerja Sachdeva and
                                  Mr. Ram Ashray, Advs.
                                  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.3,73,000/- has been

awarded to the appellants. The appellants seek enhancement of

the award amount.

2. The accident dated 20th Arpil, 2001 resulted in the death of

Mustafa. The deceased was survived by his widow, one son, one

daughter and parents who filed the claim petition before the

learned Tribunal.

3. The deceased was aged 32 years at the time of the accident

and was working as Supervisor earning Rs.4,500/- per month.

However, in the absence of sufficient proof of income, the learned

Tribunal took the minimum wages of Rs.2,597/-, deducted 1/3rd

towards the personal expenses of the deceased and applied the

multiplier of 17 to compute the loss of dependency at

Rs.3,50,744/-, rounded off to Rs.3,51,000/-. The learned Tribunal

awarded Rs.2,000/- towards the funeral expenses and Rs.20,000/-

towards non-pecuniary damages. The total compensation

awarded is Rs.3,73,000/-.

4. The learned counsel for the appellants has urged following

grounds at the time of hearing of this appeal:-

(i) Deduction towards the personal expenses of the

deceased be reduced from 1/3rd to 1/4th.

(ii) The increase in minimum wages due to inflation and

increase in price index be taken into consideration.

(iii) The non-pecuniary damages awarded by the learned

Tribunal be enhanced.

5. It is well settled by the judgment of the Hon'ble Supreme

Court in the case of Sarla Verma Vs. Delhi Transport

Corporation, 2009 (6) Scale 129 that the personal expenses

of the deceased have to be taken to be 1/4 th where the deceased

has left behind 4 to 6 dependents. In the present case, the

deceased has left behind five dependents. Following the

aforesaid judgment of the Hon'ble Supreme Court, the personal

expenses of the deceased are reduced from 1/3rd to 1/4th.

6. The learned Tribunal has not taken increase in minimum

wages due to inflation and rise in price index. 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.4,566/- [(Rs.3,044 + Rs.6,088)/2]. The

loss of dependency is computed to be Rs.6,98,598/- (Rs.4,566 x

12 x 17 x 3/4).

8. With respect to non-pecuniary damages, the learned

Tribunal has awarded Rs.20,000/-. The accident is dated 20th

April, 2001. Considering the date of the accident, the award of

Rs.20,000/- for non-pecuniary damages is fair and reasonable and

does not call for any interference.

9. The appeal is allowed and the award amount is enhanced

from Rs.3,73,000/- to Rs.7,20,598/- (Rs.6,98,598 + Rs.20,000 +

Rs.2,000).

10. The learned Tribunal has awarded interest @ 8% per annum

which is not disturbed on the original award amount of

Rs.3,73,000/-. 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.

11. The enhanced award amount along with interest be

deposited by respondent No.3 by means of a cheque drawn in the

name of with UCO Bank, Delhi High Court Branch A/c Noor Nahar

within 45 days.

12. The order with respect to disbursement of the award

amount shall be passed on the next date of hearing after

examining the appellants who are directed to remain present in

Court on the next date of hearing.

13. List the appeal on 22nd December, 2009.

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

both the parties under signature of Court Master.

J.R. MIDHA, J NOVEMBER 10, 2009 mk