Delhi High Court
Rama Devi And Anr. vs Tej Pal And Others on 16 November, 2009
Author: J.R. Midha
36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.450/2009
% Date of decision: 16th November, 2009
RAMA DEVI AND ANR. ..... Appellants
Through : Mohd. Shamikh, Adv.
versus
TEJ PAL AND OTHERS ..... Respondents
Through : Mr. Kanwal Choudhary, 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)
CM No.13163/2009
1. For the reasons stated in the application and noting that the
appellant has good case on merits, the delay in filing of this
appeal is condoned.
2. CM stands disposed of.
MAC.APP. 450/2009
1. The appellants have challenged the award of the learned
Tribunal whereby compensation of Rs.6,11,544/- has been
awarded to the appellants. The appellants seek enhancement of
the award amount.
2. The accident dated 25th August, 2006 resulted in the death
of Kundan Singh Rawat. The deceased was survived by his
parents, widow and a daughter who filed the claim petition before
the learned Tribunal.
3. The deceased was aged 26 years at the time of the accident
and was working as a driver with M/s Tours and Travels. Since
there was no documentary evidence of income, the learned
Tribunal took the minimum wages of Rs.3,312/- per month in
respect of the unskilled worker, deducted 1/4th towards personal
expenses and applied the multiplier of 18 to compute the loss of
dependency at Rs.5,36,544/-. Rs.10,000/- has been awarded
towards funeral expenses, Rs.25,000/- towards loss of consortium
and Rs.40,000/- towards loss of love and affection. The total
compensation awarded is Rs.6,11,544/-.
4. The learned counsel for the appellants has urged the
following grounds at the time of hearing of this appeal:-
(i) The minimum wages should be taken in respect of a skilled
worker.
(ii) The increase in minimum wages due to inflation and rise in
price index be taken into consideration.
(Iii) The compensation be awarded for loss of estate.
5. The deceased was a qualified driver and, therefore, the
learned Tribunal ought to have taken the minimum wages for a
skilled worker as on the date of the accident. The minimum
wages for a skilled worker on the date of the accident were
Rs.3,695/- per month. The income of the deceased is taken to be
Rs.3,695/- per month instead of Rs.3,312/- per month.
6. 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.5,542.50 [(Rs.3,695+ Rs.7,390)/2].
Taking the income of the deceased to be Rs.5,542.50, deducting
1/4th towards personal expenses and applying the multiplier of
18, the loss of dependency is computed to be Rs.8,97,885/-
(Rs.5,542.50 x 12 x 18 x 3/4).
8. The learned Tribunal has not awarded any compensation
towards loss of estate. However, the compensation awarded
towards loss of consortium and loss of love and affection is on a
higher side and the compensation for loss of estate shall be
deemed to be included in the compensation for loss of
consortium and loss of love and affection. The appellants are
entitled to total compensation of Rs.9,72,885/- (Rs.8,97,885 +
Rs.10,000 + Rs.25,000 + Rs.40,000).
9. The appeal is allowed and the award amount is enhanced
from Rs.6,11,544/- to Rs.9,72,885/-.
10. The learned Tribunal has awarded interest @9% per annum
which is not disturbed on the original award amount of
Rs.6,11,544/-. 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 the date of award minus 387 days by which the
appeal was delayed.
11. The enhanced award amount along with interest be
deposited by respondent No.3 with UCO Bank A/c Rama Devi
through Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal,
Parliament Street, New Delhi (Mobile No. 09310356400) within 30
days.
12. 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.
13. List on 18th December, 2009.
14. 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
