Ram Kishan and Ors vs Hari Chand and Another

G.P. Mittal, J.—The Appeal is for enhancement of compensation of Rs. 2,42,600/- passed by the Motor Accident Claims Tribunal(the Claims Tribunal) for the death of Rakesh in a motor vehicle accident which occurred on 03.06.1992. During inquiry before the Claims Tribunal, it was claimed that the deceased was working as a Safai Karamchari on daily wage basis with the MCD and was earning Rs. 1800/- per month. No evidence with regard to the deceased''s employment with the MCD was produced nor the exact amount received by the deceased was established. In the circumstances, the Claims Tribunal took the minimum wages of an unskilled worker, added 50% towards inflation/future prospects, adopted a multiplier of 18 (relevant to the age of the deceased being 25 years) to compute the loss of dependency as Rs. 2,10,600/-. On adding a further sum of Rs. 32,000/- towards non-pecuniary damages, an overall compensation of Rs. 2,42,600/- was awarded.

It is urged by the learned counsel for the Appellant that the Claims Tribunal erred in taking the deceased''s income to be Rs. 975/- per month. In any case, deduction towards personal expenses should have been 1/4th instead of 1/3rd as the number of dependents were four excluding the father.

In the absence of any cogent evidence that the deceased was employed with the MCD on daily wages or as to the wages received by him, the Claims Tribunal was justified in taking the minimum wages of an unskilled worker on the date of the accident which were Rs. 975/- and on adding 50% the Claims Tribunal awarded loss of dependency on assuming average income of the deceased to be Rs. 1462.50P. In view of the judgment in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , the deduction towards personal expenditure is to be 1/4th instead of 1/3rd. The loss of dependency, therefore, comes to Rs. 2,36,844/-( Rs. 1462 x 3 �4 x 12 x 18).

I would further make a provision of Rs. 25,000/- towards loss of love and affection and Rs. 10,000/- each towards loss of consortium, loss to estate and funeral expenses. Thus, the overall compensation comes to Rs. 2,91,844/-.

In view of above discussion, the compensation is enhanced by Rs. 49,244/- which shall carry interest @ 9% per annum from the date of the filing of the Petition till the date of payment. The Respondent No.2 MCD is directed to deposit the enhanced amount along with interest with the Claims Tribunal within six weeks.

The enhanced compensation shall enure for the benefit of Smt. Vimla, the Second Appellant, who is the deceased''s widow. The accident took place 20 years back. In the circumstances, 50% of the award amount along with interest shall be released to her immediately on deposit. Rest of the amount shall be held in Fixed Deposit for a period of two years.

The Appeal is allowed in above terms. The Pending Applications stand disposed of.