Kumari Chunni Kumari & Ors. vs Balwant & Ors.
2010 Latest Caselaw 540 Del

7
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +   MAC.APP.No.378/2004

                               Date of Decision: 1st February, 2010
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      KUMARI CHUNNI KUMARI & ORS.     ..... Appellants
                   Through : Mr. S.N. Parashar, Adv.

                      versus

      BALWANT & ORS.           ..... Respondents
                   Through : Mr. Ramesh Kumar, 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.3,45,600/- has

been awarded to the appellants. The appellants seek

enhancement of the award amount.

2. The accident dated 29th April, 2001 resulted in the

death of Hari Parsad. The deceased was survived by his

widow, two sons and a daughter who filed the claim petition

before the learned Tribunal. The deceased was also survived

by his parents who were made respondents in the claim

petition.

3. The deceased was aged 26 years at the time of the

accident and was working as a Conductor with a Transport

Company. However, in the absence of documentary evidence

of his income, the learned Tribunal took the minimum wages

of Rs.2,700/-, deducted 1/3rd towards the personal expenses

and applied the multiplier of 16 to compute the loss of

dependency at Rs.3,45,600/-.

4. The learned counsel for the appellants has urged the

following grounds at the time of hearing of this appeal:-

(i) The increase in minimum wages due to inflation

and rise in price index be taken into

consideration.

(ii) The deduction towards the personal expenses of

the deceased be reduced from 1/3rd to 1/4th.

(iii) The multiplier be enhanced from 16 to 17.

(iv) The compensation be awarded for loss of love and

affection, loss of estate, loss of consortium and

funeral expenses.

(v) The rate of interest be enhanced from 7% per

annum to 7.5% per annum.

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. Following the aforesaid judgments, the income of the

deceased for computation of compensation is taken to be

Rs.4,050/- [(Rs.2,700 + Rs.5,400)/2].

7. Following the judgment of the Hon'ble Supreme Court

in the case of Sarla Verma Vs. Delhi Transport

Corporation, 2009 (6) Scale 129, the personal expenses

of the deceased are reduced from 1/3rd to 1/4th as the

deceased has left behind six legal representatives, the

multiplier is enhanced from 16 to 17. Rs.10,000/- is awarded

for loss of love and affection, Rs.10,000/- towards loss of

estate, Rs.5,000/- towards loss of consortium and Rs.5,000/-

towards funeral expenses. The appellants are entitled to

total compensation of Rs.6,49,650/- [(Rs.4,050 x 12 x 3/4 x

17) + Rs.10,000 + Rs.10,000 + Rs.5,000 + Rs.5,000].

8. The appeal is allowed and the award amount is

enhanced from Rs.3,45,600/- to Rs.6,49,650/- along with

interest @7.5% per annum from the date of filing of the

petition till realization.

9. The enhanced award amount along with interest be

deposited by respondent No.3 with UCO Bank, Delhi High

Court Branch A/c Guddu Kumar 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.

10. Upon the aforesaid deposit being made, the UCO Bank

is directed to keep the said amount in fixed deposit till the

order of disbursement is passed after examining the

claimants.

11. List for appearance of the claimants on 3rd May, 2010.

12. All the pending applications stand disposed of.

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 01, 2010 aj