Bhim Sen Kalia & Ors. vs New India Assurance Co.Ltd.& Ors
2010 Latest Caselaw 1295 Del

17
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                    +       FAO.No.738/2003

                                Date of Decision: 9th March, 2010
%

      BHIM SEN KALIA & ORS.             ..... Appellants
               Through : Mr. Navneet Goyal and
                         Mr. Varun Kumar, Advs.

                   versus

      NEW INDIA ASSURANCE CO.LTD.& ORS .... Respondents
               Through : Mr. Pankaj Seth, Adv. for R-1.


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.3,08,300/- has

been awarded to them. The appellants seek enhancement of

the award amount.

2. The accident dated 14th June, 1999 resulted in the

death of Swaran Kalia. The deceased was survived by her

husband and three minor children who filed the claim

petition before the learned Tribunal.

3. The deceased was aged 48 years at the time of the

accident and had qualified two years junior basic teachers

course. The deceased was teaching tuitions and it was

claimed that she was earning Rs.5,000/- to Rs.6,000/- per

month at the time of the accident. In the absence of any

documentary proof of income, the learned Tribunal took the

income of the deceased to be Rs.3,000/- per month, added

Rs.500/- towards future prospects, deducted 1/3rd towards

personal expenses and applied the multiplier of 10 to

compute the loss of dependency at Rs.2,82,000/-.

Rs.10,000/- has been awarded towards loss of estate and

consortium and Rs.16,266/- towards medical expenditure on

treatment. The total compensation awarded is Rs.3,08,300/-.

4. The learned counsel for the appellants has urged the

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

(i) The income of the deceased be computed

according to the minimum wages and the

increase in minimum wages due to inflation and

rise in price index be taken into consideration.

(ii) The personal expenses of the deceased be taken

to be 1/4th instead of 1/3rd.

(iii) The multiplier be enhanced from 10 to 13.

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

affection and loss of estate.

5. Considering that there was no documentary proof of

income, the proper course for the learned Tribunal was to

take the minimum wages into consideration. The minimum

wages for a graduate at the time of the accident was

Rs.3,108/- which is taken into consideration. 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 aforesaid judgments, the income of the deceased is

taken to be Rs.4,662/- per month [(Rs.3,108 + Rs.6,216)/2].

6. The deceased was aged 48 years at the time of the

accident and was survived by her husband and three minor

children. According to the judgment of the 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 48 years is 13 and the appropriate

deduction towards personal expenses is 1/4th. The multiplier

is, therefore, enhanced from 10 to 13 and the personal

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

7. No compensation has been awarded by the Claims

Tribunal towards loss of love and affection and loss of estate.

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

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

8. The appellants are entitled to total compensation of

Rs.5,81,720/- [(Rs.4,662 x 3/4 x 12 x 13) + Rs.10,000 +

Rs.16,266 + Rs.5,000 + Rs.5,000].

9. The appeal is allowed and the award amount is

enhanced from Rs.3,08,300/- to Rs.5,81,720/-. The learned

Tribunal has awarded interest @9% per annum which is not

disturbed on the original award amount of Rs.3,08,300/-.

However, on the enhanced award amount, the rate of

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

the claim petition till notice of deposit under Order XXI Rule 1

of the Code of Civil Procedure.

10. The enhanced award amount along with interest be

deposited by respondent No.1 with UCO Bank A/c Ashwani

Kalia, Delhi High Court Branch through Mr. M.M. Tandon,

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

New Delhi (Mobile No. 09310356400) within 30 days.

11. Upon the aforesaid deposit being made, UCO Bank is

directed to release 5% of the same to appellant No.2, 5% to

appellant No.3 and 5% to appellant No.4 by transferring the

said amount to their respective Saving Bank Account. The

remaining amount be kept in fixed deposit in the following

manner:-

(i) Fixed deposit in respect of 1/3rd of the balance

amount in the name of appellant No.2 for a period

of one year.

(ii) Fixed deposit in respect of 1/3rd of the balance

amount in the name of appellant No.3 for a period

of one year.

(iii) Fixed deposit in respect of 1/3rd of the balance

amount in the name of appellant No.4 for a period

of one year.

12. Interest on all the fixed deposits shall be paid

cumulative.

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

said fixed deposit receipts without the permission of this

Court.

14. The appellants 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 (Mobile No.

09310356400).

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

parties under signatures of the Court Master.

16. 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

MARCH 09, 2010 aj