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2009 DIGILAW 321 (DEL)

GANGA SARAN v. JOGENDER SINGH

2009-03-24

J.R.MIDHA

body2009
JUDGMENT : 1. The appellants have challenged the award of the learned Tribunal whereby the compensation of Rs.5,21,428/- has been awarded to the appellant. The appellants seek enhancement of the award amount. 2. The road accident dated 7th July, 2006 resulted in the death of Satpal Singh who was hit by the offending vehicle while walking on the road. The deceased was survived by his father, widow and two daughters who filed the claim petition before the learned Tribunal. The deceased was aged 26 years at the time of the accident. The deceased was an electrician and was running his own shop under the name and style of Ms. Deepa Electricals. The appellants claimed the income of the deceased to be Rs.10,000/- per month. However, since there was no documentary evidence to corroborate the statement of the appellants, the learned Tribunal took the minimum wages of Rs.3,437/- of semi-skilled person. 1/3rd was deducted towards the personal expenses of the deceased and the multiplier of 18 was adopted to compute the loss of dependency at Rs.4,94,927.99. The learned Tribunal has awarded Rs.12,500/- towards loss of love and affection and loss of estate, Rs.4,000/- was awarded towards funeral expenses and Rs.10,000/- was awarded towards loss of consortium. The total compensation awarded is Rs.5,21,427.99 (rounded off at Rs.5,21,428/-). 3. The appellants have challenged the impugned award on the following grounds : - (i) Increase in minimum wages be considered in view of increase in price index and inflation rate. (ii) Enhancement of the compensation for loss of love and affection, loss of estate and loss of consortium. (iii) Enhancement of the rate of interest from 7% per annum to 9% per annum. 4. In the case of Kanwar Devi vs. Bansal Roadways, 2008 ACJ 2182, this Court took judicial notice of the increase of minimum wages to meet the price index and inflation rate. This Court has taken the view that the minimum wages get doubled over the period of 10 years and increase in minimum wages is not akin to future prospects. 5. In the case of Lekh Raj vs Suram Singh, 2007 ACJ 2165 , this Court took judicial notice of the increase in minimum wages and the compensation was computed on the basis of the said increase. 6. 5. In the case of Lekh Raj vs Suram Singh, 2007 ACJ 2165 , this Court took judicial notice of the increase in minimum wages and the compensation was computed on the basis of the said increase. 6. In the case of National Insurance Company Limited vs. Renu Devi III (2008) ACC 134, this Court took the judicial notice of the fact that the minimum wages get almost doubled over the period of 10 years and the compensation was to be computed on that basis. 7. In the case of UPSRC vs. Munni Devi, MAC.APP.No.310/2007 decided on 28.07.2008, this Court followed the aforesaid judgments and observed that the wages under the Minimum Wages Act became almost more than double within a span of 10 years period. 8. Following the aforesaid judgments, the income of the deceased is computed by taking the average of the minimum wages of Rs.3,437/- and double of the said amount. The monthly income of the deceased comes to Rs.5,155.5/- [(3,437+3,437x2)/2]. 1/3rd amount has to be deducted towards personal expenses. The loss of dependency of the deceased is accordingly computed at Rs.7,42,392/- [(5,155.5 – 1/3 x 5,155.5)x 12 x 18]. 9. In Mohinder Kaur vs. Hira Nand Sindhi, 2007 ACJ 2123 , the Apex Court has awarded interest @9% per annum on the compensation of Rs.50,000/- towards loss of consortium relating to the accident of 1982. 10. The Madras High Court in the case of United India Insurance Co. Ltd. vs. Sulochana, III (2007) ACC 50 (DB), has awarded Rs.50,000/- towards loss of consortium and Rs.25,000/- to each of the claimants towards loss of love and affection. 11. This Court has also awarded Rs.50,000/- towards loss of consortium in the case of New India Assurance Co. Ltd. Vs. Amresh Kumar, 2005 ACJ 538 . 12. Following the aforesaid judgments, the award for loss of consortium is enhanced from Rs.10,000/- to Rs.50,000/- and compensation for love and affection and loss of estate is enhanced from Rs.12,500/- to Rs.12,500/- to each of the appellants. Total compensation comes to Rs.8,42,392/- (7,42,392 + 50,000 + 12,500 + 12,500 + 12,500 + 12,500 + 4,000) 13. The learned Tribunal has awarded interest @ 7% per annum. The appellant has claimed enhancement of interest from 7% per annum to 9% per annum. Total compensation comes to Rs.8,42,392/- (7,42,392 + 50,000 + 12,500 + 12,500 + 12,500 + 12,500 + 4,000) 13. The learned Tribunal has awarded interest @ 7% per annum. The appellant has claimed enhancement of interest from 7% per annum to 9% per annum. Following the judgment of the Apex Court in the case of Dharampal vs. U.P. State Road Transport Corporation, III 2008 ACC (1) SC, the rate of interest is enhanced from 7% per annum to 7.5% per annum. 14. The appeal is allowed. The award amount is enhanced from Rs.5,21,428/- to Rs.8,42,392/- along with interest @ 7.5% per annum from the date of filing of the petition till realization. 15. The enhanced amount be deposited by respondent No.3 with the learned Tribunal within 30 days. Appellant No.1 shall get Rs.50,000/- out of the enhanced amount. Out of the remaining amount, the share of appellant Nos.2 to 4 shall be 50%, 25% and 25%. Out of the share of appellant No.2, 20% amount be released to her and the remaining 80% be kept in a fixed deposit for an initial period of 5 years in a nationalized bank on which appellant No.1 shall be entitled to interest on periodical basis. The shares of appellant Nos.2 to 4 shall remain in a fixed deposit for a period of 5 years or till they attain majority, whichever is later. 16. Copy of this order be given ‘Dasti’ to learned counsel for both the parties under signatures of Court Master.