Delhi High Court
Head Of Department, Air Force ... vs Ram Kumar Giri Thr. Lrs on 1 October, 2010
Author: J.R. Midha
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.284/2008
Date of Decision : 1st October, 2010
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HEAD OF DEPARTMENT, AIR FORCE STATION
AMLA & ANR ..... Appellants
Through : Mr. Atul Nanda and
Ms. Shobhita Sana, Advs.
along with Cpl. S.K.
Choudhary and Jr. Warrant
Officer N. Khan for Air Force.
versus
RAM KUMAR GIRI THR. LRS ..... Respondent
Through : Mr. Madhusudan Bhayana,
Adv.
CORAM :-
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 respondents have filed the cross-objections against
the award dated 15th December, 2007 whereby compensation
of `4,74,488/- has been awarded to them. The respondents
seek enhancement of the award amount.
2. The accident dated 22nd May, 1999 resulted in grievous
injuries to Ram Kumar Giri who filed the claim petition before
the Claims Tribunal. Ram Kumar Giri died because of the said
injuries during the pendency of the claim petition on 31 st
October, 2006. After the death of Ram Kumar Giri, his widow,
father and three minor children were impleaded as claimants
in the claim petition.
3. The deceased was aged 31 years at the time of the
accident and was working as a property dealer. It was
claimed that the deceased was earning `35,000/- per month.
The deceased suffered grievous injuries as a result of the
accident. The deceased suffered fracture in both bones of his
thigh, fracture in left hand besides injuries in his neck and
head. The injuries suffered by the deceased resulted in 74%
permanent disability. The deceased claimed `5,00,000/- on
his treatment, conveyance and special diet. He proved his
treatment record as Ex.PW1/F to PW1/Z and Ex.PW1/1A to
Ex.PW1/44. The disability certificate was proved as
Ex.PW1/44. The medical expenditure was proved to the extent
of `1,00,034/-.
4. The Claims Tribunal took the minimum wages of `2,348/-
per month in respect of an unskilled person, deducted 1/3rd
towards the personal expenses and applied the multiplier of
17 to compute the loss of dependency at `3,19,328/-.
`15,000/- has been awarded towards loss of love and affection
and loss of estate and `2,000/- towards funeral expenses.
The total compensation computed on the basis of death was
`3,36,328/-. The Claims Tribunal also computed the
compensation on the basis of injuries as `4,74,488/- by taking
the loss of future income as `3,54,454/-, medical expenditure
of `1,00,034/- and `20,000/- towards conveyance and special
diet. The Claims Tribunal awarded `4,74,448/- to the
claimants towards the compensation computed on the basis
of injuries.
5. The learned counsel for the claimant/respondent has
urged following grounds at the time of hearing of the cross-
objections to seek enhancement of the award amount:-
(i) The deceased was a businessman and, therefore,
the minimum wages for skilled person should be
taken into consideration.
(ii) Increase in minimum wages due to inflation and
rise in price index be taken into consideration.
(iii) The personal expenses of the deceased be reduced
from 1/3rd to 1/4th .
(iv) The compensation towards loss of love and
affection, loss of estate and funeral expenses be
enhanced.
(v) The compensation be awarded to the appellant for
the injuries suffered in the accident.
(vi) The rate of interest be enhanced from 7% per
annum to 9% per annum.
6. The deceased was a businessman and, therefore,
minimum wages of `2,772/- in respect of skilled worker are
taken into consideration instead of minimum wages for
unskilled worker. 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 for computation of compensation is taken to be
`4,158/- [(`2772 + 5544)/2].
7. The deceased was aged 31 years at the time of the
accident and was survived by five legal representatives. In
terms of the judgment of the Hon'ble Supreme Court in the
case of Sarla Verma Vs. Delhi Transport Corporation,
2009 (6) Scale 129, the personal expenses of the deceased
are to be taken as 1/4th. Following the above mentioned
judgment, the personal expenses of the deceased are
reduced from 1/3rd to 1/4th. The learned Tribunal has applied
the multiplier of 17 whereas as per the judgment of Sarla
Verma (supra), the applicable multiplier is 16. The multiplier
is reduced from 17 to 16. Taking the income of deceased to
be `4,158, deducting 1/4th towards his personal expenses
and applying the multiplier of 16, the loss of dependency is
computed to be `5,98,752/-.
8. The Claims Tribunal assessed compensation of
`15,000/- towards loss of love and affection and loss of
estate and `2,000/- towards funeral expenses which appear
to be on a lower side. `10,000/- is awarded towards loss of
love and affection, `10,000/- is awarded towards loss of
estate and `10,000/- towards funeral expenses.
9. The Claims Tribunal has not awarded any compensation
towards pain and suffering and permanent disability of 74%.
Since the deceased died during the pendency of the claim
petition, the legal representatives are not entitled to non-
pecuniary compensation. However, the legal representatives
of the deceased are entitled to pecuniary compensation
including the medical expenditure incurred on his treatment,
conveyance and special diet. The claimants have proved the
medical expenditure of `1,00,034/- which has been awarded
by the Claims Tribunal. The deceased suffered 74%
permanent disability due to the accident and he was
confined to bed from 22nd May, 1999 to 31st October, 2006
with 74% disability. The compensation of `20,000/- awarded
by the Claims Tribunal towards special diet, conveyance and
other expenses for a period of seven years is on a lower side
and is enhanced to `50,000/-.
10. The claimants are entitled to total compensation of
`7,78,786/- as per the break up given hereunder:-
Compensation for loss of dependency - `5,98,752/-
Compensation for loss of love - `10,000/-
and affection
Compensation for loss of estate - `10,000/-
Compensation for funeral expenses - `10,000/-
Compensation for medical expenses - `1,00,034/-
Compensation towards special diet, - `50,000/-
conveyance and other expenses
TOTAL - `7,78,786/-
11. The Claims Tribunal has awarded interest @ 7% per
annum. Following the judgment of the Hon'ble Supreme
Court in the case of Dharampal & Ors. vs. U.P. State
Road Transport Corporation, III 2008 ACC (1) SC, the
rate of interest is enhanced from 7% per annum to 7.5% per
annum.
12. Cross objections are allowed and the award amount is
enhanced from `4,74,488/- to `7,78,786/- along with interest
@7.5% per annum for the date of filing of the petition till
notice of deposit under Order XXI Rule 1 of the Code of Civil
Procedure.
13. The enhanced award amount along with interest be
deposited by State Bank of India A/c Shridevi Tis Hazari Court
Branch through Mr. H.S. Rawat, Relationship Manager, Tis
Hazari Branch, Tis Hazari (Mb: 09717044322) within 30
days.
14. Upon the aforesaid amount being deposited, the State
Bank of India is directed to release 10% of the same to
respondent No.2(1) (Shridevi) by transferring the same to her
Saving Bank Account. The remaining amount be kept in
fixed deposit in the following manner:-
(i) Fixed deposit in respect of 10% of the amount for
a period of one year in the name of respondent
No.2(5) (Babu Giri).
(ii) Fixed deposit in respect of 10% of the amount for
a period of two years in the name of respondent
No.2(1) (Shridevi).
(iii) Fixed deposit in respect of 10% of the amount for
a period of three years in the name of respondent
No.2(2) (Rakhi).
(iv) Fixed deposit in respect of 10% of the amount for
a period of four years in the name of respondent
No.2(1) (Shridevi).
(v) Fixed deposit in respect of 10% of the amount for
a period of five years in the name of respondent
No.2(3) (Simran).
(vi) Fixed deposit in respect of 10% of the amount for
a period of six years in the name of respondent
No.2(1) (Shridevi).
(vii) Fixed deposit in respect of 10% of the amount for
a period of seven years in the name of respondent
No.2(1) (Shridevi).
(viii) Fixed deposit in respect of 10% of the amount for
a period of eight years in the name of respondent
No.2(4) (Rahul).
(ix) Fixed deposit in respect of 10% of the amount for
a period of nine years in the name of respondent
No.2(1) (Shridevi).
15. The interest on all the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the Savings
Account of respondent No.2(1) (Shridevi).
16. Withdrawal from the aforesaid account shall be
permitted to respondent No.2(1) after due verification and
the Bank shall issue photo Identity Card to respondent
No.2(1) to facilitate identity.
17. No cheque book be issued to respondent No.2(1)
without the permission of this Court.
18. The Bank shall issue Fixed Deposit Pass Book instead of
the FDRs to the respondents and the maturity amount of the
FDRs be automatically credited to the Saving Bank Account
of the beneficiary at the end 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 the respondents, the Bank shall
transfer the Savings Account to any other branch according
to the convenience of the respondents.
22. The respondents shall furnish all the relevant
documents for opening of the Saving Bank Account and Fixed
Deposit Account to Mr. H.S. Rawat, Relationship Manager, Tis
Hazari Branch, Tis Hazari (Mb: 09717044322).
23. List for compliance on 3rd December, 2010.
24. Copy of the order be given dasti to counsel for both the
parties under the signatures of the Court Master.
25. 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
October 01, 2010
