Chanderwati vs Satender Kumar

J.R. Midha, J.—The appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 2,77,000/- has been awarded to the appellants. The appellants seek enhancement of the award amount.

The accident dated 8th August, 2001 resulted in the death of Rajesh. The deceased was survived by his widow and father who filed the claim petition before the learned Tribunal.

The deceased was aged 21 years at the time of the accident and was in private service earning Rs. 3,200/- per month. Since there was no documentary evidence of income, the learned Tribunal took the minimum wages of Rs. 2,592/- per month in respect of the unskilled worker, deducted 1/3rd towards personal expenses, applied the multiplier of 16 and deducted 25% towards the contributory negligence to compute the loss of dependency at Rs. 2,50,000/-. Rs. 2,000/- has been awarded towards funeral expenses and Rs. 25,000/- towards non-pecuniary damages. The total compensation awarded is Rs. 2,77,000/-.

The learned Counsel for the appellants submit that the learned Tribunal has not taken into consideration the increase in minimum wages due to inflation and rise in price index and the lower multiplier has been applied.

The deceased was aged 21 years at the time of the accident and as per the recent judgment of the Hon''ble Supreme Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , the appropriate multiplier at the age of 21 is 18. The multiplier is, therefore, enhanced from 16 to 18.

The learned Tribunal has not taken the increase in minimum wages into consideration. It is well settled by the catena of judgments of this Court in the cases of Kanwar Devi and Others Vs. Bansal Roadways and Others, National Insurance Company Ltd. Vs. Renu Devi and Others, and UPSRTC v. 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.

Following the aforesaid judgments, the income of the deceased is taken to be Rs. 3,888/- [(Rs. 2,592 + Rs. 5,184)/2]. Taking the income of the deceased to be Rs. 3,888/-, deducting 1/3rd towards personal expenses and applying the multiplier of 18, the loss of dependency is computed to be Rs. 5,59,872/- (Rs. 3,888 x 12 x 18 x 2/3). The learned Tribunal has held the contributory negligence of the deceased to be 25%. The aforesaid amount is, therefore, reduced by 25% and the appellants are entitled to the compensation of Rs. 4,19,904/- (Rs. 5,59,872/- minus 25%) towards loss of dependency. By adding Rs. 2,000/- towards funeral expenses and Rs. 25,000/- towards non-pecuniary damages, the appellants are entitled to the total compensation of Rs. 4,46,904/- (Rs. 4,19,904 + Rs. 25,000 + Rs. 2,000).

The appeal is allowed and the award amount is enhanced from Rs. 2,77,000/- to Rs. 4,46,904/-. The learned Tribunal has awarded interest @8% per annum which is not disturbed on the original award amount of Rs. 2,77,000/-. However, on the enhanced award amount, the rate of interest shall be @7.5% per annum from the date of filing of the petition till realization.

The enhanced award amount along with interest be deposited by respondent No. 3 with UCO Bank A/c Chanderwati through Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400) within 30 days.

The order of disbursement shall be passed after examining the appellants who are directed to remain present in the Court on the next date of hearing.

List on 21st December, 2009.

Copy of this order be given Dasti to learned Counsel for the parties under signature of Court Master.