Delhi High Court
Ram Kishan & Ors. vs Hari Chand & Anr. on 13 July, 2012
Author: G.P. Mittal
$~R-9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision:13th July, 2012
+ MAC. APP. No.242/2004
RAM KISHAN & ORS. ..... Appellants
Through: Mr. Yash Pal Laroya, Advocate
Versus
HARI CHAND & ANR. ..... Respondents
Through: Ms. Biji Rajesh with
Mr. Gaurang Kanth, Advocates
for the Respondent No.2/MCD.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. The Appeal is for enhancement of compensation of `2,42,600/-
passed by the Motor Accident Claims Tribunal(the Claims
Tribunal) for the death of Rakesh in a motor vehicle accident
which occurred on 03.06.1992.
2. During inquiry before the Claims Tribunal, it was claimed that
the deceased was working as a Safai Karamchari on daily
wage basis with the MCD and was earning `1800/- per month.
No evidence with regard to the deceased's employment with
the MCD was produced nor the exact amount received by the
deceased was established. In the circumstances, the Claims
Tribunal took the minimum wages of an unskilled worker,
added 50% towards inflation/future prospects, adopted a
multiplier of 18 (relevant to the age of the deceased being 25
years) to compute the loss of dependency as `2,10,600/-. On
adding a further sum of `32,000/- towards non-pecuniary
damages, an overall compensation of `2,42,600/- was awarded.
3. It is urged by the learned counsel for the Appellant that the
Claims Tribunal erred in taking the deceased's income to be
`975/- per month. In any case, deduction towards personal
expenses should have been 1/4th instead of 1/3rd as the number
of dependents were four excluding the father.
4. In the absence of any cogent evidence that the deceased was
employed with the MCD on daily wages or as to the wages
received by him, the Claims Tribunal was justified in taking
the minimum wages of an unskilled worker on the date of the
accident which were `975/- and on adding 50% the Claims
Tribunal awarded loss of dependency on assuming average
income of the deceased to be `1462.50P. In view of the
judgment in Sarla Verma & Ors. v. Delhi Transport
Corporation & Anr., (2009) 6 SCC 121, the deduction towards
personal expenditure is to be 1/4th instead of 1/3rd. The loss of
dependency, therefore, comes to `2,36,844/-(`1462 x 3 ÷4 x 12
x 18).
5. I would further make a provision of `25,000/- towards loss of
love and affection and `10,000/- each towards loss of
consortium, loss to estate and funeral expenses. Thus, the
overall compensation comes to `2,91,844/-.
6. In view of above discussion, the compensation is enhanced by
`49,244/- which shall carry interest @ 9% per annum from the
date of the filing of the Petition till the date of payment. The
Respondent No.2 MCD is directed to deposit the enhanced
amount along with interest with the Claims Tribunal within six
weeks.
7. The enhanced compensation shall enure for the benefit of Smt.
Vimla, the Second Appellant, who is the deceased's widow.
The accident took place 20 years back. In the circumstances,
50% of the award amount along with interest shall be released
to her immediately on deposit. Rest of the amount shall be
held in Fixed Deposit for a period of two years.
8. The Appeal is allowed in above terms.
9. The Pending Applications stand disposed of.
(G.P. MITTAL)
JUDGE
JULY 13, 2012
pst
