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2009 DIGILAW 491 (DEL)

National Insurance Co. Ltd. v. Mithlesh Devi

2009-04-24

J.R.MIDHA

body2009
JUDGMENT : J.R. Midha, J. The accident dated 5th February, 1998 resulted in the death of Het Ram. The deceased was aged 24-25 years at the time of the accident and was working as a farmer. The deceased left behind his widow and two daughters who filed the claim petition before the learned Tribunal. 2. The claimants claimed that the respondent was earning Rs. 15,000/- per month from agriculture. However, in the absence of documentary evidence, the learned Tribunal took the minimum wages at Rs. 2,385/-. The average income was taken at Rs. 3,527/- by taking the future prospects into consideration. 1/3rd was deducted towards the personal expenses of the deceased and the multiplier of 17 was applied to compute the loss on dependency at Rs. 4,59,000. Rs. 10,000/- was awarded towards loss of consortium, loss of love and affection and loss of estate and Rs. 6,000/- was awarded towards funeral expenses. The total compensation awarded is Rs. 4,75,000/-. 3. The only ground of challenge in this appeal is that the future prospects should not have been taken into consideration. 4. In the case of Kanwar Devi and Others Vs. Bansal Roadways and Others, (2008) ACJ 2182 this Court took judicial notice of the increase of minimum wages to meet the price index and inflation rate. The 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. In the case of Lekh Raj and Another Vs. Suram Singh and Others, (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. In the case of National Insurance Company Ltd. Vs. Renu Devi and Others, (2008) 3 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. In the case of UPSRC v. 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. 5. The minimum wages get doubled in the period of 10 years and the increase in minimum wages is not akin for future prospects. 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. 5. The minimum wages get doubled in the period of 10 years and the increase in minimum wages is not akin for future prospects. Though the learned Tribunal has mentioned the future prospects but it is equivalent to increase in the minimum wages due to inflation and price index which is permissible to be taken into consideration. 6. The learned Tribunal has awarded just, fair and reasonable compensation to the claimants. There is no infirmity in the award of the compensation by the learned Tribunal. 7. The appeal is, therefore dismissed. 8. Copy of this order be given 'Dasti' to learned Counsel for the appellant under signatures of Court Master.