Delhi High Court
Santosha Devi vs Abdul Kareem & Ors. on 8 October, 2009
Author: J.R. Midha
4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.440/2009
% Date of decision: 08th October, 2009
SANTOSHA DEVI ..... Appellant
Through : Mr. Gautam Das and
Mr. Uday Shankar, Advs.
versus
ABDUL KAREEM & ORS. ..... Respondents
Through : Mr. S.L. Gupta, Mr. Ram Ashray
and Mr. A.B. Sharma, Advs.
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)
CM No.12806/2009 (Delay)
1. For the reasons stated in the application, the delay of one
day in filing the appeal is condoned.
2. The application stands disposed of.
MAC.APP.No.440/2009
1. Issue notice to respondent No.3.
2. Mr. S.L. Gupta, Advocate accepts notice on behalf of
respondent No.3.
3. This case involves a very short point and, therefore, with
the consent of the parties the appeal has been finally heard.
4. The appellants have challenged the award of the learned
Tribunal whereby compensation of Rs.4,96,928/- has been
awarded to the appellants. The appellants seek enhancement of
the award amount.
5. The accident dated 13th November, 2006 resulted in the
death of Raju. The deceased was survived by his widow, parents
and two minor daughters who filed the claim petition before the
learned Tribunal.
6. The deceased was aged 35 years at the time of the accident
and was working as a skilled labourer. The learned Tribunal took
the minimum wages of Rs.3,312/- into consideration and
deducted 1/4th towards the personal expenses of the deceased
and applied the multiplier of 16 to compute the loss of
dependency at Rs.4,76,928/-. Rs.10,000/- has been awarded
towards loss of consortium and Rs.10,000/- has been awarded
towards funeral expenses and last rites of the deceased. The
total compensation awarded is Rs.4,96,928/-.
7. The only ground urged by learned counsel for the appellant
at the time of hearing of this appeal is that the increase in
minimum wages has not been taken into consideration by the
learned Tribunal.
8. It is well settled by catena of judgments of this Court in the
cases of 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.
9. Following the aforesaid judgments of this Court, the income
of the deceased is computed by taking the average of minimum
wages of Rs.3,312/- at the time of the accident and its double
which comes to Rs.4,968/- [(Rs.3,312 + Rs.6,624)/2]. Taking the
income of the deceased to be Rs.4,968/-, deducting 1/4th towards
the personal expenses of the deceased and applying the
multiplier of 16 and adding Rs.10,000/- towards the loss of
consortium and Rs.10,000/- towards funeral expenses and last
rites, the total compensation is computed to be Rs.7,35,392/-
[(Rs.4,968 x 12 x 16 x 3/4) + Rs.10,000 + Rs.10,000].
10. The appeal is allowed and the award amount is enhanced
from Rs.4,76,928/- to Rs.7,35,392/-. The learned Tribunal has
awarded interest @ 9% per annum which is not disturbed on the
original award amount of Rs.4,96,928/-. However, on the
enhanced award amount, the appellant shall be entitled to
interest @ 7.5% per annum from the date of filing of the petition
till payment.
11. The enhanced award amount along with interest be
deposited by respondent No.3 within 30 days. The learned
counsel for the appellants submit that appellants are permanent
resident of Unnao, U.P. and the amount awarded by the learned
Tribunal has been kept in fixed deposit with the UCO Bank,
Patiala House Branch and the appellants visit Delhi in every three
months to collect the interest.
12. The order with respect to mode of payment and
disbursement of the award amount shall be passed after
examining the appellants on the next date of hearing.
13. The appellants are directed to remain present in Court on
the next date of hearing. The appellants are also directed to
ascertain whether the UCO Bank or State Bank of India has any
branch in Unnao, U.P.
14. Renotify on 23rd October, 2009.
15. Copy of this order be given 'Dasti' to learned counsel for
both the parties under signatures of Court Master.
J.R. MIDHA, J
OCTOBER 08, 2009
mk
