Jitendra Pandit and Another vs Ajay Kumar and Others

Suresh Kait, J.—The present appeal is directed against the impugned award dated 06.08.2012, whereby the learned Tribunal has granted the compensation as under:-

Learned counsel appearing on behalf of the appellants has submitted that the learned Tribunal has erred in considering the salary of the deceased, i.e., Rs. 6,734/- per month but in fact at the time of the accident the minimum rate of wages in Delhi were Rs. 7,098/- per month.

Learned counsel appearing on behalf of the respondent No. 3/Insurance Company conceded to the same and submitted that he is not disputing the amount of minimum wages prevalent on the date of the accident, i.e., 19.09.2011.

In view of the above, salary of the deceased is considered as Rs. 7,098/- per month: one of the basic factors for assessing the compensation on account of loss of dependency.

Thus, the monthly income of the deceased is assessed as Rs. 4,614/-[(7098+30% of 7098) x 1/2 ]. Therefore, the loss of dependency comes to Rs. 8,30,520/- (Rs. 4614 x 12 x 15).

Learned counsel for the appellants has argued that the sum of Rs. 10,000/- towards love and affection and Rs. 20,000/- for funeral expenses granted by the learned Tribunal are on lower side and submitted that in view of the dictum of Rajesh and Others Vs. Rajbir Singh and Others, the compensation on account of love and affection and funeral expenses may be enhanced to Rs. 1,00,000/- and Rs. 25,000/- respectively.

I find force in the submissions made by learned counsel for the appellants.

Following the dictum of Rajesh (supra), I enhance the compensation amount and thus, the same would read as under:-

Accordingly, the compensation amount is enhanced for Rs. 1,37,660/-(Rs. 9,65,520-Rs. 8,27,860).

Needless to state that the enhanced compensation amount shall carry interest @ 9% per annum, as has been granted by the learned Tribunal, from the date of filing of the petition, i.e., 17.11.2011 till its realization.

Consequently, the respondent No. 3/Insurance Company is directed to deposit the enhanced compensation amount with up-to-date interest accrued thereon with the Registrar General of this Court within four weeks from today. On deposit, the Registrar General shall release the same in favour of the claimants as per the ratio of the award dated 06.08.2012 on taking necessary steps by them.

I hereby make it clear that the amount granted by ld. Tribunal as compensation shall be released as per the terms of the award. In view of the above, the instant appeal is allowed.