Smt.Najma Begum & Others vs Vivek Pandey & Others
2011 Latest Caselaw 4504 Del

A-61

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                              Date of Judgment: 14.9.2011


+                  MAC APPEAL No.821/2011


SMT.NAJMA BEGUM & OTHERS                       ...........Appellant
                 Through:            Mr.Manish Maini, Advocate.

                   Versus


VIVEK PANDEY & OTHERS                          ..........Respondent
                  Through:           Ms.Shanta    Devi   Raman,
                                     Advocate for the respondent
                                     no.3.

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 30.5.2011 vide

which a total compensation in the sum of Rs.7,39,200/- had been

awarded in favour of the claimant. The deceased Mohd.Ishak had

died in an accident which had occurred on 02.10.2009.

Contention of the claimant i.e. the widow of the deceased

Mohd.Ishak was that Mohd. Ishak was working as a tailor;

admittedly there was no documentary to the said effect. The

minimum wages applicable on that date i.e. on the day of the

accident of an unskilled worker were thus rightly taken into

account which was Rs.3953/- per month. The Tribunal has,

however, miscalculated the price rise and index inflation; there is

a calculation error. In view of the catena of judgment of this Court

reported in 2008 ACJ 2182 Delhi Kanwar Devi & Ors. Vs. Bansal

Roadways & Ors.,; 2007 ACJ 2165 Lekh Raj & Anr. Vs.Suram

Singh & Ors.; 2009 ACJ 1921 (Delhi) National Insurance Company

Ltd. Vs. Renu Devi. 50% increase should have been added to the

minimum wages working out to a sum of Rs.5930/- per month.

Admittedly the deduction of 1/4th had to be made as there were

five dependants of the deceased. After giving benefit of deduction

the figure of salary of the income of the deceased is to be reduced

to Rs.4447/-; and thereafter adding the multiplier of 12 to

compute the annual income. The correct multiplier of 16 had to

be applied for computing loss of dependency. The total

compensation thus to be awarded under the head of 'loss of

dependency' would read as Rs.8,53,824/- which is the figure now

to be substituted for the amount awarded Rs.7,11,648/- under the

aforenoted head. This modification is made accordingly.

2 Under the head of 'non-pecuniary' damages admittedly no

amount had been granted for 'loss of love and affection';

'consortium', 'funeral expenses' and 'loss of estate' alone have

been taken into account. The deceased was aged about 30 years;

his minor children, widow wife and mother had lost outer the love

and affection which would have accrued to them in the normal

course of life. Accordingly a sum of `50,000/- is awarded under

the head of 'loss of love and affection'. The total awarded amount

would now read as `9,31,324/- which is rounded off to `9,31,400/-

upon which interest @ 7.5% per annum shall accrue to the

claimants from the date of the filing of the petition till realization.

With these modifications the appeal is disposed of.

INDERMEET KAUR, J.

SEPTEMBER 14, 2011 nandan