Delhi High Court
Manju Devi & Ors. vs Bhola Ram & Ors. on 10 November, 2009
Author: J.R. Midha
34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.642/2007
% Date of decision: 10th November, 2009
MANJU DEVI & ORS. .....Appellants
Through : Mr. Anshuman Bal, Adv. for
Mr. O.P. Mannie, Adv.
versus
BHOLA RAM & ORS. ..... Respondents
Through : Mr. Ramesh Kumar, Adv. for
Mr. Jose Chiramel, 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.5,74,000/- has been
awarded to the appellants. The appellants seek enhancement of
the award amount.
2. The accident dated 28th September, 2005 resulted in the
death of Mohan Shyam. The deceased was survived by his
widow, two minor daughters, one son and mother who filed the
claim petition before the learned Tribunal.
3. The deceased was aged 29 years at the time of the accident
and was running a tea shop. Since there was no documentary
evidence of income, the learned Tribunal took the minimum
wages of Rs.3,044/- per month, deducted 1/3rd towards personal
expenses and applied the multiplier of 18 to compute the loss of
dependency at Rs.5,04,000/-. Rs.10,000/- has been awarded
towards loss of estate, Rs.10,000/- towards funeral expenses,
Rs.10,000/- towards transportation expenses of dead body,
Rs.10,000/- towards loss of consortium and Rs.30,000/- towards
medical expenses as the deceased remained hospitalized from
28th September, 2005 up to 7th October, 2005 when he
succumbed to the injuries suffered in the accident. The total
compensation awarded is Rs.5,74,000/-.
4. The learned counsel for the appellants has urged the
following grounds at the time of hearing of this appeal:-
(i) The personal expenses of the deceased be reduced from
1/3rd to 1/4th.
(ii) The increase in minimum wages due to inflation and rise in
price index be taken into consideration.
(Iii) The compensation for loss of love and affection be awarded.
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.
6. Following the aforesaid judgment of the Hon'ble Supreme
Court, the personal expenses of the deceased are reduced from
1/3rd to 1/4th.
9. 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.
10. 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.7,39,692/- (Rs.4,566 x
12 x 18 x 3/4). The learned Tribunal has not awarded any
compensation towards loss of love and affection. Rs.10,000/- is
awarded towards loss of love and affection. The total
compensation is computed to be Rs.8,19,692/- (Rs.7,39,692 +
Rs.10,000 + Rs.10,000 + Rs.10,000 + Rs.10,000 + Rs.10,000 +
Rs.30,000).
11. The appeal is allowed and the award amount is enhanced
from Rs.5,74,000/- to Rs.8,19,692/- along with interest @7.5% per
annum from the date of filing of the petition till realization.
12. The enhanced award amount along with interest be
deposited by respondent No.3 with UCO Bank A/c Manju Devi
through Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal,
Parliament Street, New Delhi (Mobile No. 09310356400) within 30
days.
13. 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.
14. Renotify for 15th December, 2009.
15. Copy of this order be given 'Dasti' to learned counsel for the
parties under signature of Court Master.
J.R. MIDHA, J
NOVEMBER 10, 2009
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