Dulari and Others vs Bablu and Others

J.R. Midha, J.—The appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 4,90,232/- has been awarded to the claimants. The appellants seek the enhancement of the award amount.

The accident dated 7th May, 2005 resulted in the death of Upender. The deceased was survived by his widow, three sons and a daughter who filed the claim petition before the learned Tribunal.

The deceased was aged about 30 years at the time of the accident and was running a shop earning Rs. 6,000/- per month. However, in the absence of sufficient proof of income, the learned Tribunal took the minimum wages of Rs. 3044.90 for an unskilled worker and computed the compensation after deducting 1/4th towards personal expenses of the deceased and applying the multiplier of 17. Rs. 10,000/- has been awarded towards loss of consortium, Rs. 2,000/- towards funeral expenses and Rs. 12,500/- towards loss of estate and love and affection. The total compensation awarded by the learned Tribunal is Rs. 4,90,232/-.

The only ground of challenge by the appellants before this Court is that the learned Tribunal has erred in not following the judgments of this Court in the cases of Kanwar Devi and Others Vs. Bansal Roadways and Others, , Lekh Raj and Another Vs. Suram Singh 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 where judicial note has been taken of increase in minimum wages due to increase in price index and inflation.

It is well settled by the aforesaid judgments that minimum wages get doubled over a period of ten years due to increase in price index and inflation and, therefore, the average of minimum wages and its double be taken to compute the income of the deceased for computation of compensation.

Following the aforesaid judgments, the income of the deceased is taken to be Rs. 4,567/- [(Rs. 3,044.90 + Rs. 6,089.8)/2]. Deducting 1/4th towards personal expenses and applying the multiplier of 17, the loss of pendency is computed to be Rs. 6,98,751/- (Rs. 4,567 - 1/4 x 12 x 17). Adding Rs. 10,000/- towards loss of consortium, Rs. 2,000/- towards funeral expenses and Rs. 12,500/- towards loss of estate and love and affection, the total compensation payable is computed at Rs. 7,23,251/-.

The appeal is allowed and the compensation is enhanced from Rs. 4,90,232/- to Rs. 7,23,251/- along with interest at the rate of 7% per annum.

The enhanced amount be deposited by the respondent No. 3 with UCO Bank A/c Dulari, Delhi High Court Branch within 30 days.

Upon the aforesaid deposit being made, the UCO Bank is directed to open a Savings Bank Account in the joint names of appellants No. 1 to 5. UCO Bank is directed to release a sum of Rs. 75,000/- to appellant No. 1 by transferring the said amount to her savings bank account. The remaining amount be kept in fixed deposits in the names of the appellants for the periods mentioned below:

Appellant No. 1 - 60% of the award amount (Dulari) minus Rs. 75,000/- for a period of six years.

Appellant No. 2 - 10% of the award amount (Dinesh) till appellant No. 2 attains majority.

Appellant No. 3 - 10% of the award amount (Umesh) till appellant No. 3 attains majority.

Appellant No. 4 - 10% of the award amount (Raja) till appellant No. 4 attains majority.

Appellant No. 5 - 10% of the award amount (Rani) till appellant No. 5 attains majority.

The interest on the aforesaid four fixed deposits shall be paid monthly by automatic credit of interest in the Savings Account of appellants.

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.

No cheque book be issued to appellant No. 1 without the permission of this Court.

The original Fixed Deposit Receipts shall be retained by the Bank in the safe custody. However, the original Pass Books shall be given to appellant No. 1 along with the photocopy of the FDRs.

The original Fixed Deposit Receipts shall be handed over to the appellants at the end of the fixed deposit period.

No loan, advance or withdrawal shall be allowed on the said Fixed Deposit Receipts without the permission of this Court.

Half yearly statement of account be filed by the Bank in this Court.

On the request of the appellants, the Bank shall transfer the Savings Account to any other branch of UCO Bank in Delhi according to the convenience of the claimants.

The appellant shall furnish all the relevant documents for opening of the Saving Bank Accounts and Fixed Deposit Accounts to Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400).

Copy of the order be given dasti to counsel for both the parties under the signatures of the Court Master.

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.