Delhi High Court
Injoria Devi & Anr vs New India Assurance Co. Ltd & Ors on 24 November, 2009
Author: J.R. Midha
7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.489/2008
% Date of decision: 24th November, 2009
INJORIA DEVI & ANR ..... Appellants
Through : Mr. R.S. Roy, Adv.
versus
NEW INDIA ASSURANCE CO. LTD & ORS ..... Respondents
Through : Mr. S.L. Gupta, Adv. for R-1.
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.2,60,120/- has been
awarded to the appellants. The appellants seek enhancement of
the award amount.
2. The accident dated 20th January, 1996 resulted in the death
of Rattan Kumar Yadav. The deceased was survived by his widow
and mother who filed the claim petition before the learned
Tribunal.
3. The deceased was aged 25 years at the time of the accident
and was selling fruits/vegetable at shop No.5, Okhla Mandi
earning Rs.4,500/- per month. Since there was no documentary
evidence of income, the learned Tribunal took the minimum
wages of Rs.1,545/- per month, deducted 1/3rd towards personal
expenses and applied the multiplier of 17 to compute the loss of
dependency at Rs.2,10,120/-. Rs.5,000/- has been awarded
towards funeral expenses, Rs.25,000/- towards loss of love and
affection and Rs.20,000/- towards loss of consortium. The total
compensation awarded is Rs.2,60,120/-.
4. The learned counsel for the appellants has urged the
following grounds at the time of hearing of this appeal:-
(i) The multiplier be enhanced from 17 to 18.
(ii) The increase in minimum wages due to inflation and
rise in price index be taken into consideration.
(Iii) The compensation for loss of estate be awarded.
5. The deceased was aged 25 years at the time of the accident
and the appropriate multiplier according to the recent judgment
of the Hon'ble Supreme Court in the case of Sarla Verma Vs.
Delhi Transport Corporation, 2009 (6) Scale 129 is 18.
6. Following the aforesaid judgment of the Hon'ble Supreme
Court, the multiplier is enhanced from 17 to 18.
7. 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.
8. Following the aforesaid judgments, the income of the
deceased is taken to be Rs.2,317.5 [(Rs.1,545 + Rs.3,090)/2].
The loss of dependency is computed to be Rs.3,33,720/-
(Rs.2,317.5 x 12 x 18 x 2/3).
9. The learned Tribunal has not awarded any compensation
towards loss of estate. However, higher compensation is
awarded towards loss of consortium. The same shall be treated
to be compensation towards loss of consortium and loss of estate
and, therefore, no further amount is awarded on account of loss
of estate. The total compensation is computed to be
Rs.3,83,720/- (Rs.3,33,720 + Rs.5,000 + Rs.25,000 + Rs.20,000).
10. The appeal is allowed and the award amount is enhanced
from Rs.2,60,120/- to Rs.3,83,720/-. The learned Tribunal has
awarded interest @ 9% per annum which is not disturbed on the
original award amount of Rs.2,60,120/-. 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.1 with UCO Bank, Delhi High Court
Branch A/c Sakila Devi by means of a cheque through Mr. M.M.
Tandon, Member-Retail Team, UCO Bank Zonal, Parliament
Street, New Delhi (Mobile No. 09310356400) within 30 days.
12. Upon the aforesaid deposit being made, the UCO Bank is
directed to release 50% of the award amount by means of a
cheque drawn in the name of Post Master, GPO, Kashmiri Gate,
Delhi for being invested in Monthly Income Scheme for a period
of six years in the name of Sakila Devi.
13. Out of the remaining 50% amount, 60% thereof be released
to Sakila Devi and 40% of the same (40% of 50%) be released to
Injoria Devi by transferring the said amount to their Saving Bank
Accounts.
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 24, 2009
mk
