Delhi High Court
Shimla Devi & Ors. vs The Oriental Insurance Co. & Ors. on 8 December, 2011
Author: G.P. Mittal
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 8th December, 2011
+ MAC APP. 217/2011
SHIMLA DEVI & ORS. ..... Appellants
Through: Mr. Nitin Yadav, Adv.
Versus
THE ORIENTAL INSURANCE CO. & ORS. ..... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. The Appellants seek enhancement of compensation in respect of
death of Dinesh Kumar, who died in a motor accident on
05.11.2006.
2. During the inquiry before the Tribunal it was claimed that the
deceased was working as a driver and was earning ` 10,000/-.
In the absence of any documentary evidence with regard to the
employment and his earning, the Tribunal took the minimum
wages of a skilled worker on the date of the accident i.e. `
3,736/- per month to be the deceased's income to compute the
compensation.
3. The Appellant's grievance is that no compensation has been
granted on account of increase in the cost of living and the
compensation awarded towards loss of love and affection was
on the lower side.
4. In view of the judgments of this Court in (i) UPSRTC v. Munni
Devi, IV (2009) ACC 879; (ii) National Insurance Company
Ltd. v. Renu Devi & Ors., III (2008) ACC 134; and (iii)
Narinder Bishal & Anr. v. Rambir Singh & Ors. MAC APP.
1007-08/2006 decided by this Court on 20th February, 2008,
50% of the minimum wages have to be added to offset the
inflation due to indexation. The minimum wages are revised
not only to meet the inflation but also to improve the standard
of living of the lowest paid workers and hence there is need to
add 50% of the minimum wages to arrive at the victim's
income.
5. The loss of dependency, thus, works out to be ` 9,07,848/- (`
3,736/- + 50% = ` 5,604 - 1/4th x 12 x 18). The compensation
of ` 40,000/- granted by the Tribunal towards loss of love &
affection is on higher side, the same needs to be reduced to `
25,000/-. The compensation awarded is tabulated hereunder: -
Sl. Head of Compensation Compensation Compensation
No. granted by the granted by the
Tribunal High Court
1. Loss of dependency ` 6,05,232/- ` 9,07,848/-
2. Loss of love and affection ` 40,000/- ` 25,000/-
3. Loss of consortium ` 10,000/- ` 10,000/-
4. Medical expenses ` 82,163/- ` 82,163/-
5. Loss of future prospects
6. Pain and suffering
7. Funeral expenses ` 10,000/- ` 10,000/-
8. Loss of estate ` 10,000/- ` 10,000/-
Total ` 7,57,395/- ` 10,45,011/-
6. The Respondents are jointly and severally liable to pay the
enhanced compensation of ` 2,87,616/- along with interest @
7.5% from the date of filing of the petition till the date of
payment. Respondent No.1 is directed to deposit the amount
within six weeks. 10% of the enhanced compensation along
with proportionate interest shall be payable to each Appellants
No.2 to 5 and rest of the amount shall be payable to Appellant
No.1.
7. 60% of the amount payable to Appellants No.1, 4 & 5 shall be
held in the form of FDR for a period of 5 years. Rest of the
amount shall be released forthwith. The amount payable to
Respondents No.2 & 3 shall be held in the form of FDR in UCO
Bank, Delhi High Court Branch, New Delhi till they attain the
age of majority. The Appellants would be entitled to payment
of quarterly interest.
8. The appeal is allowed in above terms.
A copy of this order be communicated to UCO Bank, Delhi
High Court Branch, New Delhi.
(G.P. MITTAL)
JUDGE
DECEMBER 7, 2011
hs
