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2010 DIGILAW 163 (DEL)

Chunni Kumari v. Balwant

2010-02-01

J.R.MIDHA

body2010
JUDGMENT : J.R. Midha, J. The Appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 3,45,600 has been awarded to the Appellants. The Appellants seek enhancement of the award amount. 2. The accident dated 29.4.2001 resulted in the death of Hari Parsad. The deceased was survived by his widow, two sons and a daughter who filed the claim petition before the learned Tribunal. The deceased was also survived by his parents who were made Respondents in the claim petition. 3. The deceased was aged 26 years at the time of the accident and was working as a conductor with a transport company. However, in the absence of documentary evidence of his income, the learned Tribunal took the minimum wages of Rs. 2,700, deducted 1/3rd for the personal expenses and applied the multiplier of 16 to compute the loss of dependency at Rs. 3,45,600. 4. The Learned Counsel for Appellants has urged the following grounds at the time of hearing of this appeal: (i) The increase in minimum wages due to inflation and rise in price index be taken into consideration. (ii) The deduction towards personal expenses of the deceased be reduced from 1/3rd to 74th. (iii) The multiplier be enhanced from 16 to 17. (iv) The compensation be awarded for loss of love and affection, loss to estate, loss of consortium and funeral expenses. (v) The rate of interest be enhanced from 7 per cent per annum to 7.5 per cent per annum. 5. It is well settled by a catena of judgments of this Court in the cases of Kanwar Devi and Others Vs. Bansal Roadways and Others, (2008) ACJ 2182 ; National Insurance Company Ltd. Vs. Renu Devi and Others, (2009) ACJ 1921 and U.P. State Road Trans. Corpn. v. Munni Devi 2010 ACJ 2753 (Delhi), that court should take judicial notice of the increase in minimum wages to meet the increase in 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 and the income should be computed by taking average of minimum wages and its double. 6. Following the aforesaid judgments, income of the deceased for computation of compensation is taken to be Rs. 4,050 [(Rs. 2,700 + Rs. 5,400) + 2]. 7. 6. Following the aforesaid judgments, income of the deceased for computation of compensation is taken to be Rs. 4,050 [(Rs. 2,700 + Rs. 5,400) + 2]. 7. Following the judgment of Hon'ble Supreme Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, (2009) 6 SCC 121 , the personal expenses of the deceased are reduced from 73rd to 74th as the deceased has left behind six legal representatives, the multiplier is enhanced from 16 to 17. Rs. 10,000 is awarded for loss of love and affection, Rs. 10,000 towards loss to estate, Rs. 5,000 towards loss of consortium and Rs. 5,000 towards funeral expenses. The Appellants are entitled to total compensation of Rs. 6,49,650 [(Rs. 4,050 x 12 x 3/4 x 17) + Rs. 10,000 + Rs. 10,000 + Rs. 5,000 + Rs. 5,000]. 8. The appeal is allowed and the award amount is enhanced from Rs. 3,45,600 to Rs. 6,49,650 along with interest at the rate of 7.5 per cent per annum from the date of filing of the petition till realization. 9. The enhanced award amount along with interest be deposited by Respondent No. 3 with UCO Bank, Delhi High Court Branch A/c Guddu Kumar by means of a cheque through M.M. Tandon, Member-Retail Team, UCO Bank, Parliament Street, New Delhi (Mobile No. 09310356400) within 30 days. 10. Upon the aforesaid deposit being made, UCO Bank is directed to keep the said amount in fixed deposit till the order of disbursement is passed after examining the claimants. 11. List for appearance of the claimants on 3.5.2010. 12. All the pending applications stand disposed of. 13. Copy of this order be given dasti to Learned Counsel for both the parties under signature of Court Master.