Delhi High Court
Meera & Anr vs Sarabjeet Singh & Anr on 12 January, 2010
Author: J.R. Midha
46
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.7/2010
Date of Decision: 12th January, 2010
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MEERA & ANR ..... Appellants
Through : Mr. S.N. Parashar, Adv.
versus
SARABJEET SINGH & ANR ..... Respondents
Through : Mr. S.L.Gupta, 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. Issue notice to respondent No.3 only.
2. Mr. S.L. Gupta, Advocate accepts notice on behalf of
respondent No.3.
3. The appeal involves a very short point and can be
disposed of without requisitioning the Trial Court Record and,
therefore, the appeal has been heard finally at admission
stage itself.
4. The appellants have challenged the award of the
learned Tribunal whereby compensation of Rs.5,74,000/- has
been awarded to the appellants. The appellants seek
enhancement of the award amount.
5. The accident dated 3rd May, 2007 resulted in the death
of Mahender. The deceased was survived by his widow, one
son, one daughter and parents who filed the claim petition
before the learned Tribunal.
6. The deceased was aged 32 years at the time of the
accident. It was claimed that the deceased was working as a
mason. In the absence of sufficient evidence to prove the
income, the learned Tribunal took the minimum wages of
Rs.3,500/-, deducted 1/4th towards personal expenses of the
deceased and applied the multiplier of 16 to compute the
loss of dependency at Rs.5,04,000/-. Rs.10,000/- has been
awarded towards loss of consortium, Rs.5,000/- towards loss
of estate, Rs.50,000/- towards loss of love and affection and
Rs.5,000/- towards funeral expenses. The total
compensation awarded is Rs.5,74,000/-.
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 due to inflation and rise in price
index is not taken into consideration.
8. 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.
9. Following the aforesaid judgments, the income of the
deceased for computation of compensation is taken to be
Rs.5,250/- [(Rs.3,500 + Rs.7,000)/2]. Deducting 1/4th
towards personal expenses and applying the multiplier of 16,
the loss of dependency is computed to be Rs.7,56,000/-
(Rs.5,250 x 12 x 3/4 x 16). Adding Rs.10,000/- towards loss
of consortium, Rs.5,000/- towards loss of estate, Rs.50,000/-
towards loss of love and affection and Rs.5,000/- towards
funeral expenses, the total compensation is computed to be
Rs.8,26,000/- (Rs.7,56,000 + Rs.10,000 + Rs.5,000 +
Rs.50,000 + Rs.5,000).
10. The appeal is allowed and the award amount is
enhanced from Rs.5,74,000/- to Rs.8,26,000/- 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 Meera 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 amount being deposited, UCO Bank
is directed to keep a sum of Rs.2,50,000/- in fixed deposit in
the following manner:-
(i) Fixed deposit of Rs.50,000/- in the name of
appellant No.1 for a period of one year.
(ii) Fixed deposit of Rs.50,000/- in the name of
appellant No.1 for a period of two years.
(iii) Fixed deposit of Rs.50,000/- in the name of
appellant No.1 for a period of three years.
(iv) Fixed deposit of Rs.50,000/- in the name of
appellant No.3 till she attains majority.
(v) Fixed deposit of Rs.50,000/- in the name of
appellant No.2 till he attains majority.
13. The remaining amount be released to appellant No.1 by
transferring the same to her Savings Bank Account.
14. The interest on all the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the Savings
Account of appellant No.1.
15. Withdrawal from the aforesaid account shall be
permitted to appellant No.1 after due verification and the
Bank shall issue photo Identity Card to appellant No.1 to
facilitate identity.
16. No cheque book be issued to appellant No.1 without the
permission of this Court.
17. The original Fixed Deposit Receipts shall be retained by
the Bank in the safe custody. However, the original Pass
Book shall be given to appellant No.1 along with the
photocopy of the FDRs.
18. The original Fixed Deposit Receipts shall be handed
over to the appellants on the expiry of the period of the
FDRs.
19. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipts without the permission of this
Court.
20. Half yearly statement of account be filed by the Bank in
this Court.
21. On the request of appellant No.1, the Bank shall
transfer the Savings Account to any other branch of UCO
Bank according to the convenience of appellant No.1.
22. Appellant No.1 shall furnish all the relevant documents
for opening of the Saving Bank Account and Fixed Deposit
Account to Mr. M.M. Tandon, Member-Retail Team, UCO Bank
Zonal, Parliament Street, New Delhi.
23. Copy of the order be given dasti to counsel for the
parties under the signature of the Court Master.
24. Copy of this order be also sent to Mr. M.M. Tandon,
Member-Retail Team, UCO Bank Zonal, Parliament Street,
New Delhi (Mobile No. 09310356400) through the UCO Bank,
High Court Branch under the signature of Court Master.
J.R. MIDHA, J
JANUARY 12, 2010
aj
