Gyan Devi and Another vs Raj Kumar and Others

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.

The accident dated 31st July, 2003 resulted in the death of Jagmohan Aneja. The deceased was survived by his widow and a daughter who filed the claim petition before the learned Tribunal.

The deceased was aged 50 years at the time of the accident and was working as an electrician with Bhatia Electricals at a salary of Rs. 4,500/- per month. However, in the absence of any documentary evidence in support of the income, the learned Tribunal took the minimum wages of Rs. 2,800/- to compute the compensation. The learned Tribunal took the future prospects into consideration by taking the average of Rs. 2,800/- and Rs. 4,583/-. The multiplier of 11 was applied to compute the loss of dependency at Rs. 3,25,600/-. Rs. 5,000/- has been awarded towards medical expenses, Rs. 10,000/- towards loss of consortium and Rs. 5,000/- towards funeral expenses. The total compensation awarded is Rs. 3,45,600/-.

The learned Counsel for the appellants has urged the following grounds at the time of hearing of this appeal:-

(i) The multiplier be enhanced from 11 to 13.

(ii) The compensation be awarded for loss of love and affection and loss of estate.

(iii) The increase in minimum wages due to inflation and increase in price index be taken into consideration.

The Hon''ble Supreme court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, has held the appropriate multiplier in respect of age of 50 years to be 13. The Hon''ble Supreme Court has also awarded Rs. 10,000/- towards loss of estate.

Following the aforesaid judgment, the multiplier is enhanced from 11 to 13, Rs. 10,000/- is awarded towards loss of love and affection and Rs. 10,000/- is awarded towards loss of estate.

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 where it has been held 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.

Taking the income of the deceased to be Rs. 2,800/- per month, adding 50% towards the increase in minimum wages due to inflation and rise in price index, deducting 1/3rd towards personal expenses, adding Rs. 5,000/- towards medical expenses. Rs. 10,000/- towards loss of consortium, Rs. 5,000/- towards funeral expenses, Rs. 10,000/- towards loss of estate and Rs. 10,000/- towards loss of love and affection, the appellants are entitled to the compensation of Rs. 4,76,800/- {[(Rs.2,800 + Rs. 1,400) X 2/3 X 12 X13] + Rs. 5,000 + Rs. 10,000 +Rs.5,000 + Rs. 10,000 + Rs. 10,000/-}.

The appeal is allowed and the award amount is enhanced from Rs. 3,45,600/- to Rs. 4,76,800/- along with interest @ 7.5% per annum from the date of the filing of the petition till realization.

The enhanced award amount along with interest be deposited by respondent No. 3 with UCO Bank A/c. Gyan Devi within 30 days.

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

List for recording the statement of the appellants on 1st December, 2009.

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