Babita & Others vs Ashok Kumar And Another
2011 Latest Caselaw 3945 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

%                              Date of Judgment: 12.08.2011

+            MAC APPEAL No. 350/2011

BABITA & OTHERS                                 ...........Appellants

                          Through:   Mr. S.K. Vashisth, Advocate.

                   Versus

ASHOK KUMAR AND ANOTHER                         ..........Respondents
                 Through:            Mr. D.D. Singh and Mr.
                                     Navdeep Singh, Advocates for
                                     the respondent No. 2

CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR

    1. Whether the Reporters of local papers may be allowed to
       see the judgment?

    2. To be referred to the Reporter or not?               Yes

    3. Whether the judgment should be reported in the Digest?
                                                         Yes

INDERMEET KAUR, J. (Oral)

1 The Award impugned is the Award dated 18.11.2010 vide

which compensation in the sum of Rs. 6,51,800/- had been

awarded in favour of the claimants. The deceased Rakesh Ranjan

had died in a road accident on 09.12.2007. The only ground on

which this appeal has been assailed is that although minimum

wages of Rs.3,964/- (rounded off to Rs. 4,000/-) had been taken as

the income of the deceased, yet the benefit of price index inflation

had not been taken into account; contention is that the judicial

notice should have been taken of the fact that the minimum wages

get doubled over a period of 10 years; this principle had not been

adhered to.

2 Learned counsel for the respondent states that in view of

the judgment Sarla Verma Vs. Delhi Transport Corporation, 2009

ACJ 1298, this benefit cannot be afforded to the petitioner. The

judgment of Sarla Verma (supra) has not dealt with this

contention. This court in a catena of judgments has granted

benefit of cost rise and price index inflation; judicial notice has

been taken of the fact that minimum wages also got doubled over

a period of 10 years and this aspect is not akin to future

prospects. This has been held by this court in M.A.C. Appeal

No.1070-75 of 2006 decided on 24.1.2008 Kanwar Devi & Ors. Vs.

Bansal Roadways & Anr. reported in 2008 ACJ 2182.

3 The "loss of dependency" has been calculated in the sum of

Rs. 5,56,800/-. However giving the benefit of 50% in view of cost

rise and price index inflation, the modified award will read as

under:-

Rs. 4000 + Rs. 2000 (50%) = Rs. 6000 - Rs. 1200 (1/5th of Rs.6000) = Rs. 4800 x 12 x 16 = Rs. 9,21,600/-

4 The modified award under the head of "loss of dependency"

will accordingly read as Rs. 9,21,600/-. The Award has not been

challenged on any other ground.

5 Appeal is disposed of in the above terms.

INDERMEET KAUR, J.

AUGUST 12, 2011 rb