Shakuntla & Anr vs Ravinder Kumar & Ors
2010 Latest Caselaw 151 Del

7
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                   +       MAC.APP.No.445/2009

                                   Date of Decision: 13th January, 2010
%

      SHAKUNTLA & ANR                  ..... Appellants
                   Through : Mr. Navneet Goyal, Adv.

                       versus

      RAVINDER KUMAR & ORS             ..... Respondents
                   Through : Mr. Kanwal Chaudhary, 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.3,51,240/- has

been awarded to the appellants. The appellants seek the

enhancement of the award amount.

2. The accident dated 9th November, 2006 resulted in the

death of Narender. The deceased was survived by his

parents who filed the claim petition before the learned

Tribunal.

3. The deceased was aged 18 years at the time of the

accident and was working as a tailor earning Rs.150/- to

Rs.200/- per day. However, in the absence of sufficient proof,

the learned Tribunal took the minimum wages of Rs.3,736/-/-

into consideration, deducted 1/2 towards personal expenses

of the deceased and applied the multiplier of 15 to compute

the loss of dependency at Rs.3,36,240/-. Rs.10,000/- has

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

the funeral expenses. The total compensation awarded is

Rs.3,51,240/-.

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 increase in price index has not been taken

into consideration by the learned Tribunal.

(ii) The compensation for loss of love and affection be

awarded.

5. The learned counsel for respondent No.3 submits that

the learned Tribunal has correctly computed the

compensation and no enhancement is warranted.

6. The learned counsel for respondent No.3 seeks

permission to file written submissions. The oral arguments

have been heard and the written submissions are not

warranted.

7. The learned counsel for respondent No.3 submits that

respondent No.3 has instructed the counsel to file written

submissions in all the cases.

8. The written submissions are taken on record where the

Court considers it necessary in the facts and circumstances

of the case but respondent No.3 cannot insist to file written

submissions in every case.

9. The learned counsel for respondent No.3 may properly

advise to respondent No.3 in this regard that the written

submissions shall not be taken on record in every case.

10. 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.

This 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.

11. Following the aforesaid judgments, the income of the

deceased for computation of compensation is taken to be

Rs.5,604/- [(Rs.3,736 + Rs.7,472)/2].

12. The learned Tribunal has not awarded any

compensation towards loss of love and affection. Rs.25,000/-

is awarded to the appellants towards loss of love and

affection.

13. Taking the income of the deceased to be Rs.5,604/-,

deducting 1/2 towards the personal expenses, applying the

multiplier of 15, adding Rs.10,000/- towards loss of estate,

Rs.5,000/- towards funeral expenses and Rs.25,000/- towards

loss of love and affection, the total compensation is

computed to be Rs.5,44,360/- [(Rs.5,604 x 12 x 1/2 x 15) +

Rs.10,000 + Rs.5,000 + Rs.25,000]

14. The appeal is allowed and the award amount is

enhanced from Rs.3,51,240/- to Rs.5,44,360/- along with

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

petition till the date of payment.

15. The enhanced award amount along with interest be

deposited by respondent No.3 with UCO Bank A/c

Shakuntala, Delhi High Court Branch within 30 days.

16. Upon the aforesaid amount being deposited, the UCO

Bank is directed keep a sum of Rs.2,00,000/- in the fixed

deposit as per the details given hereunder:-

(i) Fixed deposit for Rs.50,000/- in the name of

appellant No.1 for a period of six months.

(ii) Fixed deposit for Rs.50,000/- in the name of

appellant No.1 for a period of one year.

(iii) Fixed deposit for Rs.50,000/- in the name of

appellant No.2 for a period of one and a half

years.

(iv) Fixed deposit for Rs.50,000/- in the name of

appellant No.2 for a period of two years.

17. The remaining amount be released to the appellants by

transferring the said amount to their Saving Bank Accounts.

18. The interest on all the aforesaid fixed deposits shall be

paid monthly by automatic credit of interest in the Savings

Account of the appellants.

19. Withdrawal from the aforesaid account shall be

permitted to the appellants after due verification and the

Bank shall issue photo Identity Card to the appellants to

facilitate identity.

20. No cheque book be issued to the appellants without the

permission of this Court.

21. The original fixed deposit receipts shall be retained by

the Bank in the safe custody. However, the original Pass

Books shall be given to the appellants along with the

photocopy of the FDRs.

22. The original fixed deposit receipts shall be handed over

to the appellants at the end of the fixed deposit period and

the maturity amount be paid by transferring the same to the

Saving Bank Account of the appellants.

23. No loan, advance or withdrawal shall be allowed on the

said fixed deposit receipts without the permission of this

Court.

24. Half yearly statement of account be filed by the Bank in

this Court.

25. On the request of the appellants, the Bank shall

transfer the Savings Account to any other branch of UCO

Bank according to their convenience.

26. The appellants shall furnish all the relevant documents

for opening of the Saving Bank Accounts and Fixed Deposit

Accounts to Mr. M.M. Tandon, Member-Retail Team, UCO

Bank Zonal, Parliament Street, New Delhi.

27. Copy of the order be given dasti to counsel for both the

parties under the signature of the Court Master.

28. Copy of this order be also sent to Mr. M.M. Tandon,

Member-Retail Team, UCO Bank Zonal, Parliament Street,

New Delhi through the UCO Bank, High Court Branch under

the signature of Court Master.

J.R. MIDHA, J

JANUARY 13, 2010 mk