Chanderwati vs Satender Kum
2009 Latest Caselaw 4659 Del

27
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                     +       FAO.No.669/2003

%                            Date of decision: 16th November, 2009


      CHANDERWATI                           ..... Appellant
                       Through : Mr. S.N. Parashar, Adv.

                  versus

      SATENDER KUMAR                    ..... Respondent
                   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            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.2,77,000/- has been

awarded to the appellants. The appellants seek enhancement of

the award amount.

2. The accident dated 8th August, 2001 resulted in the death of

Rajesh. The deceased was survived by his widow and father who

filed the claim petition before the learned Tribunal.

3. The deceased was aged 21 years at the time of the accident

and was in private service earning Rs.3,200/- per month. Since

there was no documentary evidence of income, the learned

Tribunal took the minimum wages of Rs.2,592/- per month in

respect of the unskilled worker, deducted 1/3 rd towards personal

expenses, applied the multiplier of 16 and deducted 25% towards

the contributory negligence to compute the loss of dependency

at Rs.2,50,000/-. Rs.2,000/- has been awarded towards funeral

expenses and Rs.25,000/- towards non-pecuniary damages. The

total compensation awarded is Rs.2,77,000/-.

4. The learned counsel for the appellants submit that the

learned Tribunal has not taken into consideration the increase in

minimum wages due to inflation and rise in price index and the

lower multiplier has been applied.

5. The deceased was aged 21 years at the time of the accident

and as per the recent judgment of the Hon'ble Supreme Court in

the case of Sarla Verma Vs. Delhi Transport Corporation,

2009 (6) Scale 129, the appropriate multiplier at the age of 21

is 18. The multiplier is, therefore, enhanced from 16 to 18.

6. The learned Tribunal has not taken the increase in minimum

wages into consideration. It is well settled by the catena of

judgments of 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.3,888/- [(Rs.2,592 + Rs.5,184)/2].

Taking the income of the deceased to be Rs.3,888/-, deducting

1/3rd towards personal expenses and applying the multiplier of

18, the loss of dependency is computed to be Rs.5,59,872/-

(Rs.3,888 x 12 x 18 x 2/3). The learned Tribunal has held the

contributory negligence of the deceased to be 25%. The

aforesaid amount is, therefore, reduced by 25% and the

appellants are entitled to the compensation of Rs.4,19,904/-

(Rs.5,59,872/- minus 25%) towards loss of dependency. By

adding Rs.2,000/- towards funeral expenses and Rs.25,000/-

towards non-pecuniary damages, the appellants are entitled to

the total compensation of Rs.4,46,904/- (Rs.4,19,904 + Rs.25,000

+ Rs.2,000).

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

from Rs.2,77,000/- to Rs.4,46,904/-. The learned Tribunal has

awarded interest @8% per annum which is not disturbed on the

original award amount of Rs.2,77,000/-. 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.

9. The enhanced award amount along with interest be

deposited by respondent No.3 with UCO Bank A/c Chanderwati

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

Parliament Street, New Delhi (Mobile No. 09310356400) within 30

days.

10. The order of disbursement shall be passed after examining

the appellants who are directed to remain present in the Court on

the next date of hearing.

11. List on 21st December, 2009.

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

parties under signature of Court Master.

J.R. MIDHA, J NOVEMBER 16, 2009 aj