Shanti Devi & Ors vs Ghasia Kachhap & Ors
2010 Latest Caselaw 1202 Del

R-1A
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +       FAO.No.225/2001

                                     Date of Decision: 3rd March, 2010
%

      SHANTI DEVI & ORS                     ..... Appellants
                     Through : Mr. D.K. Mehta, Adv.
               versus

      GHASIA KACHHAP & ORS              ..... Respondents
                   Through : Mr. Shariq Mohd. Adv.

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.59,616/- has

been awarded to the appellants. The appellants seek

enhancement of the award amount.

2. The accident dated 5th April, 1985 resulted in the death

of Raj Bahadur Singh. The deceased was survived by his

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

before the learned Tribunal.

3. The deceased was aged 40 years at the time of the

accident and was working as a Peon with Khoob Sons

Electronics drawing a salary of Rs.475/- per month.

However, in the absence of any documentary proof of age

and income, the learned Tribunal took the age of the

deceased as 50 to 55 years according to the post-mortem

report and the minimum wages of Rs.414/- per month. The

learned Tribunal applied the multiplier of 12 to compute the

loss of dependency at Rs.59,616/-.

4. The learned counsel for the appellants has urged the

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

(i) The age of the deceased be taken to be 42 years.

      (ii)    The increase in minimum wages due to inflation

              and   rise   in   price     index   be   taken         into

              consideration.

(iii) The multiplier be enhanced from 12 to 15.

(iv) The compensation be awarded for loss of

consortium, loss of love and affection, loss of

estate and funeral expenses.

5. With respect to the age of the deceased, the learned

counsel for the appellants has today placed on record the

School Leaving Certificate dated 5th June 1956 issued by the

School Principal according to which the date of birth of the

deceased was 6th June, 1945. Appellant No.2 is present in

Court and his statement has been recorded as to prove the

age. The said certificate is exhibited as Ex.P-1. The age of

the deceased according to the said certificate was 40 years

at the time of the accident. Following the judgment of

Hon'ble Supreme Court in the case of Sarla Verma Vs.

Delhi Transport Corporation, 2009 (6) Scale 129, the

appropriate multiplier at the age of 40 years is 15. The

multiplier is, therefore, enhanced from 12 to 15.

6. The learned Tribunal has taken the minimum wages of

Rs.414/- per month as income of the deceased. However,

increase in minimum wages due to inflation and rise in price

index has not been considered. 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 above judgments, the income of

the deceased is taken to be Rs.621/- per month [(Rs.414 +

Rs.828)/2]. The learned Tribunal has not deducted any

amount towards the personal expenses of the deceased. The

deceased has left behind six dependents and, therefore, 1/4 th

of the income of the deceased is deducted towards his

personal expenses.

7. Taking the income of the deceased as Rs.621/- per

month, deducting 1/4th towards his personal expenses and

applying the multiplier of 15, the loss of dependency is

computed to be Rs.83,835/- (Rs.621 x 3/4 x 12 x 15).

8. The learned Tribunal has not awarded any

compensation towards loss of consortium, loss of love and

affection, loss of estate and funeral expenses. Rs.5,000/- is

awarded towards loss of consortium, Rs.5,000/- towards loss

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

Rs.1,165/- towards funeral expenses. The total

compensation awarded is computed to be Rs.1,00,000/-

(Rs.83,835 + Rs.5,000 + Rs.5,000 + Rs.5,000 + Rs.1,165).

9. The appeal is allowed and the award amount is

enhanced from Rs.59,616/- to Rs.1,00,000/-. The learned

Tribunal has awarded interest @ 10% per annum which is not

disturbed on the original award amount of Rs.59,616/-.

However, on the enhanced award amount, the rate of

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

the petition till notice of deposit under Order 21 Rule 1 of the

Code of Civil Procedure.

10. The enhanced award amount along with interest be

deposited by respondent No.3 with State Bank of India A/c

Swamy Nath, Tis Hazari Court Branch through Mr. H.S.

Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari

(Mb:09717044322).

11. Upon the aforesaid deposit being made, the State Bank

of India is directed to release the same to the appellants in

equal shares by transferring the same to their Saving Bank

Account.

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

parties under signatures of the Court Master.

13. Copy of this order be also sent to Mr. H.S. Rawat,

Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb:

09717044322) under the signature of Court Master.

J.R. MIDHA, J MARCH 03, 2010 mk