Delhi High Court
Rani Devi & Ors. vs Taj Mohammad & Ors. on 27 November, 2009
Author: J.R. Midha
17
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.129/2008
Date of Decision: 27th November, 2009
%
RANI DEVI & ORS. ..... Appellants
Through : Mr. O.P. Mannie, Adv.
versus
TAJ MOHAMMAD & ORS. ..... Respondents
Through : Mr. Amit Kumar Pandey, 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 appellant have challenged the award of the learned
Tribunal whereby compensation of Rs.4,45,388/- has been
awarded to the appellants. The appellants seek the
enhancement of the award amount.
2. The accident dated 15th May, 2005 resulted in the
death of Kuldeep Singh. The deceased was survived by his
widow, son and mother who filed the claim petition before
the learned Tribunal.
3. The deceased was aged 41 years at the time of the
accident and was carrying on the business of selling milk. It
was claimed by the appellants that the deceased was
earning Rs.6,000/- per month. However, in the absence of
any documentary evidence, the learned Tribunal took the
minimum wages in respect of unskilled worker at
Rs.3,044.90. 1/3rd was deducted towards the personal
expenses of the deceased and the multiplier of 15 was
applied to compute the loss of dependency at Rs.3,65,388/-.
Rs.60,000/- has been awarded for loss of love and affection
and Rs.20,000/- towards funeral expenses. The total
compensation awarded is Rs.4,45,388/-.
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. The learned counsel further submits that the
compensation for loss of consortium and loss of estate be
awarded.
5. 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.
6. The learned counsel for respondent No.3 submits that
the increase in minimum wages should not be allowed and
the multiplier be reduced from 15 to 14. It is noted that the
judgment of the Hon'ble Supreme Court in the case of Sarla
Verma vs. DTC (Supra) does not deal with the increase in
minimum wages due to inflation and rise in price index.
7. Following the judgments of this Court mentioned above,
the income of the deceased is taken to be Rs.4,567.35
[(Rs.3,044.90+ Rs.6089.80)/2]. However, the submission of
learned counsel for respondent No.3 with respect to the
multiplier is accepted and the multiplier is reduced from 15
to 14.
8. Taking the income of the deceased to be Rs.4,567.35,
deducting 1/3rd towards personal expenses and applying the
multiplier of 14, the loss of dependency is computed to be
Rs.5,11,543/- (Rs.4,567.35 x 2/3 x 12 x 14).
9. The learned Tribunal has not awarded any
compensation towards loss of consortium and loss of estate.
However, the compensation awarded towards loss of love
and affection and funeral expenses is on a higher side and,
therefore, no separate compensation is awarded for loss of
consortium and loss of estate. It is held that the
compensation for loss of love and affection shall include the
compensation for loss of consortium and loss of estate. The
appellants are entitled to total compensation of Rs.5,91,543/-
(Rs.5,11,543 + Rs.60,000 + Rs.20,000).
10. The appeal is allowed and the award amount is
enhanced from Rs.4,45,388/- to Rs.5,91,543/- along with
interest @ 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 with UCO Bank, Delhi High
Court Branch A/c Rani Devi through Mr. M.M. Tandon,
Member-Retail Team, UCO Bank Zonal, Parliament Street,
New Delhi (Mobile No. 09310356400) within 30 days.
12. The shares of the appellants in the enhanced award
amount along with interest shall be equal.
13. Upon the aforesaid deposit being made, the UCO Bank
is directed to release 50% of the enhanced award amount
along with interest to the appellants according to their
shares and the remaining 50% be kept in fixed deposit for a
period of one year with cumulative interest.
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 27, 2009
mk
