Delhi High Court
Amir Bano & Ors vs Dhara Singh & Ors on 27 May, 2021
$~A-10 & A-11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 27th May, 2021
+ MAC.APP. 1150/2018
10 AMIR BANO & ORS ..... Appellants
Through:
Ms. Aruna Mehta, Advocate.
versus
DHARA SINGH & ORS ..... Respondents
Through:
Ms. Shuchi Singh, Advocate
for Insurance Company.
+ MAC.APP. 1153/2018
11 KHATOON BEGUM & ANR ..... Appellants
Through:
Ms. Aruna Mehta, Advocate.
versus
DHARA SINGH & ORS (NEW
INDIA INSURANCE CO LTD) ..... Respondent
Through:
Ms. Shuchi Singh, Advocate
for Insurance Company.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
J U D G M E N T (ORAL)
1. The appellants have challenged the award dated 05th June,
2018 whereby compensation of Rs.13,91,632/- has been awarded in
respect of death of Atiq Alam and compensation of Rs.3,45,340/-
has been awarded in respect of Abdul Aziz.
MAC.APP.
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:01.06.2021
14:12:02
2. The accident dated 01st November, 2015 resulted in the death
of Atiq Alam and Abdul Aziz. Atiq Alam was aged 39 years at the
time of accident and was survived by his widow and six children
who claimed compensation. Atiq Alam was running a meat shop in
front of his house. Abdul Aziz was aged 80 years at the time of
accident and was survived by widow who claimed compensation.
Abdul Aziz was running a tea shop in front of his house.
3. In MAC.APP.1150/2018, the Claims Tribunal took the
minimum wages of a unskilled person i.e. Rs. 9,178/- per month as
income, deducted 1/5th towards personal expenses and applied
multiplier of 15 to compute the loss of dependency as Rs.13,21,632/-
. The Claims Tribunal awarded Rs.40,000/- towards loss of
consortium, Rs.15,000/- towards loss of estate and Rs.15,000/-
towards funeral expenses. The total compensation awarded to the
legal representatives of Atiq Alam is Rs.13,91,632/-.
4. In MAC.APP.1153/2018, the Claims Tribunal took the
minimum wages of unskilled person i.e. Rs. 9,178/- per month as
income, deducted 1/2 towards personal expenses and applied
multiplier of 5 to compute the loss of dependency as Rs.2,75,340/-.
The Claims Tribunal awarded Rs.40,000/- towards loss of
consortium, Rs.15,000/- towards loss of estate and Rs.15,000/-
towards funeral expenses. The total compensation awarded to the
legal representatives of Abdul Aziz is Rs.3,45,340/-.
5. Learned counsel for the appellants submits that in
MAC.APP.1150/2018, the appellants are entitled to addition of 40%
towards future prospects.
MAC.APP.
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:01.06.2021
14:12:02
6. Learned counsel for the appellants, in both the appeals,
submits that the minimum wages of a skilled person were
Rs.11,154/- as on the date of the accident which should be taken as
the income of both the victims. Reliance is placed on judgment titled
Vidya Devi v. Dharampal, FAO No. 369/1999, dated 20th March,
2007. Learned counsel for the appellants further submits in the
appellants are entitled to spousal consortium, parental and filial
consortium to the tune of Rs.40,000/- each in terms of United India
Insurance Co. v. Satinder Kaur, 2020 ACJ 2131 SC.
7. Learned counsel for the Insurance Company submits that the
butcher has been shown as unskilled person in the notification of
minimum wages.
8. This Court is of the view that Claims Tribunal has rightly
taken the minimum wages of Rs.9,178/- per month in respect of an
unskilled person as income of the deceased. However, 40% is added
towards the future prospects. The claimants are entitled to loss of
consortium of Rs.40,000/- per claimant.
9. In MAC.APP. 1150/2018, taking the income of deceased
Rs.9178/- per month, adding 40% towards future prospects,
deducting 1/5th towards personal expenses and applying the
multiplier of 15, adding Rs.2,80,000/- (Rs.40,000 per claimant)
towards loss of consortium, Rs.15,000/- towards loss of estate and
Rs.15,000/- towards funeral expenses, total compensation is
computed as Rs.21,61,000/- (Rs.21,60,284.8 rounded of).
10. In MAC. 1153/2018, taking the minimum wages of Rs.9178/-
per month as income of the deceased, adding 40% towards future
MAC.APP.
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:01.06.2021
14:12:02
prospects, deducting 1/2 towards the personal expenses, and
applying the multiplier of 5, adding Rs.40,000/- towards loss of
consortium, Rs.15,000/- towards loss of estates, added Rs.15,000/-
funeral expenses, total compensation is computed as Rs.4,56,000/-
(Rs. 4,55,476/- rounded of).
11. MAC.APP.1150/2018 is allowed and the award amount is
enhanced from Rs.13,91,632/- to Rs.21,61,000/- along with interest
@ 9 % w.e.f from 28th January, 2016 till date.
12. MAC.APP.1153/2018 is allowed and the award amount is
enhanced from Rs.3,45,340/- to Rs.4,56,000/- along with interest @
@ 9 % w.e.f from 28th January, 2016 till date.
13. Insurance Company is directed to deposit the enhanced award
amount along with up to date interest with DSLSA within four
weeks. The notice of deposit be sent by Insurance Company to the
claimants.
14. DSLSA shall disburse the enhanced award amount to the
appellants in terms of principles laid down in Rajesh Tyagi v. Jaibir
Singh dated 08th January, 2021, MANU/DE/0051/2021.
J.R. MIDHA, J.
MAY 28, 2021
ak
MAC.APP.
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:01.06.2021
14:12:02
