Delhi High Court
Reena Devi & Ors. vs Bebo Sesh Etc on 22 February, 2010
Author: J.R. Midha
17
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.457/2009
Date of Decision: 22nd February, 2010
%
REENA DEVI & ORS. ..... Appellants
Through : Mr. Jatinder Kamra, Adv.
versus
BEBO SESH ETC ..... Respondents
Through : Mr. S.K. Ray, 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.5,83,800/- has
been awarded to the appellants. The appellants seek
enhancement of the award amount.
2. The accident dated 2nd February, 2007 resulted in the
death of Surender Singh. The deceased was survived by his
widow, two minor daughters and three minor sons who filed
the claim petition before the learned Tribunal.
3. The deceased was aged 37 years at the time of the
accident and was working as a driver. It was claimed that the
deceased was earning Rs.8,000/- per month. However, in
the absence of sufficient proof of income, the learned
Tribunal took the minimum wages of Rs.4,000/- per month
into consideration, deducted Rs.1,090/- towards personal
expenses and applied the multiplier of 15 to compute the
loss of dependency at Rs.5,23,800/-. The learned Tribunal
has awarded Rs.40,000/- towards loss of love and affection,
Rs.10,000/- towards loss of consortium, Rs.5,000/- towards
funeral expenses and Rs.5,000/- towards loss of estate. The
total compensation awarded is Rs.5,83,800/-.
4. The learned Tribunal has deducted 1/2 towards the
contributory negligence of vehicles bearing Nos.HR-46A-5263
and HR-43A-0107.
4. The learned counsel for the appellants has urged the
following grounds at the time of hearing of this appeal:-
(i) The medical expenses of Rs.1,18,780/- be
awarded to the appellants in respect of the
treatment taken by the deceased prior to his
death.
(ii) The increase in minimum wages due to inflation
and rise in price index be taken into
consideration.
(iii) The finding of composite negligence be set aside.
5. With respect to the medical expenses on the treatment
of the deceased prior to his death, the Senior Marketing
Executive of Kukreja Hospital and Heart Centre appeared in
the witness box and proved the record of treatment and
expenditure of the deceased as Ex.Pw2/1. PW-2 proved the
medical bill for Rs.89,000/- and submitted that Rs.9,420/- is
due and outstanding. The bill was proved as Ex.PW2/B. The
learned Tribunal recorded the aforesaid evidence in para 8 of
the award but ignored the same while awarding the
compensation to the appellants towards the treatment of the
deceased prior to the death. Rs.98,420/- (Rs.89,000 +
Rs.9,420) is awarded to the appellants towards the medical
expenditure.
6. The learned Tribunal has taken the minimum wages of
Rs.4,000/- to compute the compensation. The learned
Tribunal has not taken the increase in minimum wages due
to inflation and rise in price index. It is well settled by 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. Following the aforesaid judgments, the income of
the deceased for computation of compensation is taken to be
Rs.6,000/- per month [(Rs.4,000 + Rs.8,000)/2].
7. The deceased had left behind six dependents and,
therefore, the appropriate deduction towards the personal
expenses of the deceased is 1/4th. Deducting 1/4th towards
the personal expenses of the deceased and applying the
multiplier of 15, the loss of dependency is computed to be
Rs.8,10,000/- (Rs.6,000 x 12 x 15 x 3/4). Adding Rs.40,000/-
towards loss of loss and affection, Rs.10,000/- towards loss of
consortium, Rs.5,000/- towards loss of estate, Rs.5,000/-
towards funeral expenses and Rs.98,420/- towards the
medical expenditure, the total compensation is computed to
be Rs.9,68,420/-.
8. The learned Tribunal has held the liability of respondent
No.3 to be 50% on the ground of composite negligence of
vehicles bearing Nos.HR-46A-5263 and HR-43A-0107. The
eye-witness of the accident appeared in the witness box as
PW-3 and deposed that the deceased was travelling in
Tavera bearing No.DL-3C-AE-0595 which stopped as the
vehicle in front of that Tavera stopped. However, the truck
bearing No.HR-46A-5263 came from behind and hit the
Tavera due to which the deceased suffered fatal injuries.
The charge sheet has been filed against the driver of truck
bearing No.HR-46A-5263. The learned Tribunal has given a
finding of composite negligence of truck bearing No.HR 43A-
0107 which was moving ahead of the Tavera and truck
bearing No.HR-46A-5623 which rammed into Tavera, apart
from other vehicles. The finding of the learned Tribunal is
not based on the evidence on record. The finding of the
learned Tribunal is contrary to the statement of PW-3 as well
as charge sheet filed by the police. The finding of the
learned Tribunal in this regard is, therefore, set aside. It is
held that the accident was occurred due to rash and
negligent driving of truck bearing No.HR-46A-5263. The
appellants are entitled to total compensation of Rs.9,68,420/-
.
9. The appeal is allowed and the award amount is
enhanced from Rs.5,83,800/- to Rs.9,68,420/- along with
interest @ 7.5% per annum from the date of filing of the
petition till realization.
10. The enhanced award amount along with interest be
deposited by respondent No.3 with UCO Bank A/c Reena
Devi, Delhi High Court Branch through Mr. M.M. Tandon,
Member-Retail Team, UCO Bank Zonal, Parliament Street,
New Delhi (Mobile No. 09310356400) within 30 days.
11. The order with respect to the disbursement of the
award amount shall be passed after examining the claimants
who are directed to remain present in Court on the next date
of hearing.
12. List for directions on 29th April, 2010.
13. Copy of this order be given 'Dasti' to learned counsel
for both the parties under signature of Court Master.
J.R. MIDHA, J
FEBRUARY 22, 2010/mk
