Delhi High Court
Kiran Devi & Ors vs Surjeet Yadav & Ors on 18 January, 2010
Author: J.R. Midha
36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.511/2009
% Date of decision: 18th January, 2010
KIRAN DEVI & ORS ..... Appellants
Through : Mr. O.P. Mannie, Adv.
versus
SURJEET YADAV & ORS ..... Respondents
Through : Ms. Rajdipa Behura and
Mr. Jeet Pathak, 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)
1. The appellants have challenged the award of the learned
Tribunal whereby compensation of Rs.5,32,000/- has been
awarded to them. The appellants seek enhancement of the
award amount.
2. The accident dated 7th February, 2008 resulted in the death
of Lochan Singh. The deceased was survived by his widow, two
sons and two daughters who filed the claim petition before the
Claims Tribunal.
3. The deceased was aged 44 years and was employed with
Delhi Floor Mills Ltd. at the time of the accident earning Rs.
6,000/- per month. However, in the absence of documentary
evidence of income, the learned Tribunal took the minimum
wages of Rs.4,100/- per month, deducted 1/4th towards personal
expenses and applied the multiplier of 14 to compute the loss of
dependency at Rs.5,16,600/-. Rs.10,000/- has been awarded
towards loss of consortium and Rs.5,000/- towards loss of estate.
The total compensation awarded is Rs.5,32,000/-.
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 for
computing loss of dependency.
(ii) The compensation be awarded for loss of love and
affection and funeral expenses.
5. It is well settled by catena of judgments of this Court that
the Court should take judicial notice of increase in minimum
wages to meet the increase in price index and inflation rate. In
the case of Kanwar Devi vs. Bansal Roadways, 2008 ACJ
2182, this Court took judicial notice of the increase of minimum
wages to meet the 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. In the case of National Insurance Company
Limited vs. Renu Devi III (2008) ACC 134, this Court took the
judicial notice of the fact that the minimum wages get almost
doubled over the period of 10 years. In the case of UPSRTC vs.
Munni Devi, MAC.APP.No.310/2007 decided on 28.07.2008,
this Court followed the aforesaid judgments and observed that
the wages under the Minimum Wages Act became almost more
than double within a span of 10 years period.
6. Following the aforesaid judgments, the income of the
deceased for computation of compensation is taken to be
Rs.6,150/- [(Rs.4,100 + Rs.8,200)/2]. Taking the income of the
deceased to be Rs.6,150/-, deducting 1/4th towards personal
expenses and applying the multiplier of 14, the loss of
dependency is computed to be Rs.7,74,900/- (Rs.6,150 x 12 x 3/4
x 14).
7. The learned Tribunal has not awarded any compensation for
loss of love and affection and funeral expenses. Rs.10,000/- is
awarded for loss of love and affection and Rs.10,000/- is awarded
for funeral expenses.
8. The appellants are entitled to total compensation of
Rs.8,09,900/- (Rs.7,74,900 + Rs.10,000 + Rs.5,000 + Rs.10,000
+ Rs.10,000).
9. The appeal is allowed and the award amount is enhanced
from Rs.5,32,000/- to Rs.8,09,900/- 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, Delhi High Court
Branch A/c Kiran Devi 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.
11. Upon the enhanced award amount being deposited, UCO
Bank is directed to keep a sum of Rs.2,50,000/- in fixed deposit in
the name of appellant No.1 in the following manner:-
(i) Fixed deposit for Rs.25,000/- in the name of appellant
No.1 for a period of six months.
(ii) Fixed deposit for Rs.25,000/- in the name of appellant
No.1 for a period of one year.
(iii) Fixed deposit for Rs.25,000/- in the name of appellant
No.1 for a period of one and a half years.
(iv) Fixed deposit for Rs.25,000/- in the name of appellant
No.1 for a period of two years.
(v) Fixed deposit for Rs.25,000/- in the name of appellant
No.1 for a period of two and a half years.
(vi) Fixed deposit for Rs.25,000/- in the name of appellant
No.1 for a period of three years.
(vii) Fixed deposit for Rs.25,000/- in the name of appellant
No.1 for a period of three and a half years.
(viii) Fixed deposit for Rs.25,000/- in the name of appellant
No.1 for a period of four years.
(ix) Fixed deposit for Rs.25,000/- in the name of appellant
No.1 for a period of four and a half years.
(x) Fixed deposit for Rs.25,000/- in the name of appellant
No.1 for a period of five years.
12. The remaining amount be released to appellant No.1 by
transferring the same to her Saving Bank Account.
13. The interest on the aforesaid fixed deposits shall be paid
monthly by automatic credit of interest in the Savings Account of
appellant No.1.
14. Withdrawal from the aforesaid accounts 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.
15. No cheque book be issued to appellant No.1 without the
permission of this Court.
16. 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.
17. The original fixed deposit receipts shall be handed over to
appellant No.1 on the expiry of the period of the FDRs.
18. No loan, advance or withdrawal shall be allowed on the said
fixed deposit receipts without the permission of this Court.
19. Half yearly statement of account be filed by the Bank in this
Court.
20. 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.
21. 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.
22. The learned counsel for the appellant submits that out of
Rs.5,32,000/- awarded by the learned Tribunal, Rs.66,247/- has
been kept in fixed deposit in the name of Ravi Kumar with
cumulative interest, Rs.66,247/- in the name of Baby Kumari with
cumulative interest, Rs.66,247/- in the name of Sagar with
cumulative interest and Rs.66,247/- in the name of Bulbul with
cumulative interest with Union Bank of India, Pitampura Branch.
The learned counsel further submits that Rs.2,21,240/- has been
kept in fixed deposit in the name of appellant No.1 for a period of
seven years vide four fixed deposits as per the details given
hereunder:-
(i) Fixed deposit receipt No.543205 dated 17th August,
2009 for Rs.50,000/-.
(ii) Fixed deposit receipt No.543206 dated 17th August,
2009 for Rs.50,000/-.
(iii) Fixed deposit receipt No.543207 dated 17th August,
2009 for Rs.50,000/-.
(iv) Fixed deposit receipt No.543208 dated 17th August,
2009 for Rs.50,000/-.
(v) Fixed deposit receipt No.543209 dated 17th August,
2009 for Rs.21,250/-.
23. The learned counsel further submits that as per the award
of the learned Tribunal, appellant No.1 was entitled to withdraw
interest on the said FDRs but the said FDRs have been issued
with cumulative interest and, therefore, the appellant is not
getting any interest. The Union Bank of India, Pitampura Branch
is directed to pay monthly interest in respect of the aforesaid five
FDRs to appellant No.1 - Kiran Devi and the said monthly interest
be credited directly in the Saving Bank of Account of appellant
No.1 - Kiran Devi with UCO Bank.
24. Copy of the order be given dasti to counsel for both the
parties under signature of the Court Master.
25. 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.
26. The learned counsel for the appellant shall deliver copy of
this order to Union Bank of India. The learned counsel for the
appellant shall also communicate the account number of the
appellant with UCO Bank to Union Bank of India, Pitampura
Branch to facilitate Union Bank of India to automatically and
directly credit the interest in the account of appellant No.1. Copy
of this order be also sent directly to Union Bank of India,
Pitampura Branch for conversion of the aforesaid FDRs for
payment of the monthly interest.
27. The Union Bank of India shall submit the compliance report
of this order to this Court on the next date of hearing.
28. List on 4th March, 2010.
J.R. MIDHA, J
JANUARY 18, 2010
aj/mk
