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Rajasthan High Court · body

2010 DIGILAW 77 (RAJ)

Meera v. Sarabjeet Singh

2010-01-12

J.R.MIDHA

body2010
Hon'ble MIDHA, J.—Issue notice to respondent No.3 only. 2. Mr. S.L. Gupta, Advocate accepts notice on behalf of respondent No.3. 3. The appeal involves a very short point and can be disposed of without requisitioning the Trial Court Record and, therefore, the appeal has been heard finally at admission stage itself. 4. The appellants have challenged the award of the learned Tribunal whereby compensation of Rs.5,74,000/- has been awarded to the appellants. The appellants seek enhancement of the award amount. 5. The accident dated 3rd May, 2007 resulted in the death of Mahender. The deceased was survived by his widow, one son, one daughter and parents who filed the claim petition before the learned Tribunal. 6. The deceased was aged 32 years at the time of the accident. It was claimed that the deceased was working as a mason. In the absence of sufficient evidence to prove the income, the learned Tribunal took the minimum wages of Rs.3,500/-, deducted 1/4th towards personal expenses of the deceased and applied the multiplier of 16 to compute the loss of dependency at Rs.5,04,000/-. Rs.10,000/- has been awarded towards loss of consortium, Rs.5,000/- towards loss of estate, Rs.50,000/- towards loss of love and affection and Rs.5,000/- towards funeral expenses. The total compensation awarded is Rs.5,74,000/-. 7. The only ground urged by learned counsel for the appellant at the time of hearing of this appeal is that the increase in minimum wages due to inflation and rise in price index is not taken into consideration. 8. It is well settled by the catena of judgments of this Court in the cases of Kanwar Devi vs. Bansal Roadways, 2008 ACJ 2182, National Insurance Company Limited vs. Renu Devi III (2008) ACC 134 and UPSRTC vs. Munni Devi, MAC.APP.No.310/2007 decided on 28.07.2008 that the Court should take judicial notice of 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 the average of minimum wages and its double. 9. Following the aforesaid judgments, the income of the deceased for computation of compensation is taken to be Rs.5,250/- [(Rs.3,500 + Rs.7,000)/2]. 9. Following the aforesaid judgments, the income of the deceased for computation of compensation is taken to be Rs.5,250/- [(Rs.3,500 + Rs.7,000)/2]. Deducting 1/4th towards personal expenses and applying the multiplier of 16, the loss of dependency is computed to be Rs.7,56,000/- (Rs.5,250 x 12 x 3/4 x 16). Adding Rs.10,000/- towards loss of consortium, Rs.5,000/- towards loss of estate, Rs.50,000/- towards loss of love and affection and Rs.5,000/- towards funeral expenses, the total compensation is computed to be Rs.8,26,000/- (Rs.7,56,000 + Rs.10,000 + Rs.5,000 + Rs.50,000 + Rs.5,000). 10. The appeal is allowed and the award amount is enhanced from Rs.5,74,000/- to Rs.8,26,000/- along with interest @7.5% per annum from the date of filing of the petition till realization. 11. The enhanced award amount along with interest be deposited by respondent No.3 with UCO Bank, Delhi High Court Branch A/c Meera through Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400) within 30 days. 12. Upon the aforesaid amount being deposited, UCO Bank is directed to keep a sum of Rs.2,50,000/- in fixed deposit in the following manner:- (i) Fixed deposit of Rs.50,000/- in the name of appellant No.1 for a period of one year. (ii) Fixed deposit of Rs.50,000/- in the name of appellant No.1 for a period of two years. (iii) Fixed deposit of Rs.50,000/- in the name of appellant No.1 for a period of three years. (iv) Fixed deposit of Rs.50,000/- in the name of appellant No.3 till she attains majority. (v) Fixed deposit of Rs.50,000/- in the name of appellant No.2 till he attains majority. 13. The remaining amount be released to appellant No.1 by transferring the same to her Savings Bank Account. 14. The interest on all the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the Savings Account of appellant No.1. 15. Withdrawal from the aforesaid account shall be permitted to appellant No.1 after due verification and the Bank shall issue photo Identity Card to appellant No.1 to facilitate identity. 16. No cheque book be issued to appellant No.1 without the permission of this Court. 17. The original Fixed Deposit Receipts shall be retained by the Bank in the safe custody. However, the original Pass Book shall be given to appellant No.1 along with the photocopy of the FDRs. 18. 16. No cheque book be issued to appellant No.1 without the permission of this Court. 17. The original Fixed Deposit Receipts shall be retained by the Bank in the safe custody. However, the original Pass Book shall be given to appellant No.1 along with the photocopy of the FDRs. 18. The original Fixed Deposit Receipts shall be handed over to the appellants on the expiry of the period of the FDRs. 19. No loan, advance or withdrawal shall be allowed on the said fixed deposit receipts without the permission of this Court. 20. Half yearly statement of account be filed by the Bank in this Court. 21. On the request of appellant No.1, the Bank shall transfer the Savings Account to any other branch of UCO Bank according to the convenience of appellant No.1. 22. Appellant No.1 shall furnish all the relevant documents for opening of the Saving Bank Account and Fixed Deposit Account to Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi. 23. Copy of the order be given dasti to counsel for the parties under the signature of the Court Master. 24. Copy of this order be also sent to Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400) through the UCO Bank, High Court Branch under the signature of Court Master.