Roshni Devi vs Rajinder Kumar

J.R. Midha, J.—The appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 3,69,000/- has been awarded to the appellants. The appellants seek enhancement of the award amount.

The accident dated 28th May, 1998 resulted in the death of Babu Ram Garg. The deceased was survived by his widow, three sons, daughter and parents who filed the claim petition before the learned Tribunal.

The deceased was aged 50 years at the time of the accident and was carrying on the business of garments. It was claimed that the deceased was earning Rs. 4,000/- per month. However, in the absence of any documentary evidence of income, the learned Tribunal took the minimum wages of Rs. 2,103/- per month, deducted 1/3rd towards personal expenses and applied the multiplier of 13 to compute the loss of dependency at Rs. 2,18,712/-. Rs. 1,00,000/- has been awarded towards loss of love and affection and Rs. 10,000/- has been awarded towards medical expenses. The total compensation awarded is Rs. 3,68,712/-.

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

(i) The income of the deceased be taken to be Rs. 4,000/- per month.

(ii) The future prospects be taken into consideration.

(iii) The personal expenses of the deceased be reduced from 1/3rd to 1/5th.

(iv) The compensation be awarded for loss of consortium and loss of estate.

With respect to the income of the deceased, no documentary evidence was placed on record by the appellants and, therefore, the learned Tribunal has rightly taken minimum wages of Rs. 2,103/-. However, the learned Tribunal has not taken the increase in minimum wages due to inflation and rise in price index.

It has been held by 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. 3,154.50 [(Rs. 2,103 + Rs. 4,206)/2].

The learned Tribunal has deducted 1/3rd towards personal expenses of the deceased. However, according to the judgment of the Hon''ble Supreme Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , the appropriate deduction where the deceased has left behind more than six legal representatives is 1/5th.

Following the aforesaid judgment of the Hon''ble Supreme Court, the personal expenses of the deceased are reduced from 1/3rd to 1/5th.

The learned Tribunal has applied the multiplier of 13 which is upheld. Taking the income of the deceased as Rs. 3,154.50, deducting 1/5th towards personal expenses and applying the multiplier of 13, the loss of dependency is computed to be Rs. 3,93,681.60 (Rs. 3,154.50 x 12 x 13 x 4/5).

The learned Tribunal has not awarded any compensation towards loss of consortium and loss of estate. However, the compensation of Rs. 1,00,000/- awarded for loss of love and affection is on a higher side which is set aside. The appellants shall be entitled to compensation of Rs. 10,000/- towards loss of love and affection. Rs. 10,000/- is awarded towards loss of consortium and further Rs. 10,000/- for loss of estate. The compensation of Rs. 40,000/- towards medical expenditure and Rs. 10,000/- towards funeral expenses is upheld.

The appellants are entitled to total compensation of Rs. 4,73,681.60 (Rs. 3,93,681.60 + Rs. 10,000 + Rs. 10,000 + Rs. 10,000 + Rs. 40,000 + Rs. 10,000).

The appeal is allowed and the award amount is enhanced from Rs. 3,69,000/- to Rs. 4,73,681.60. The learned Tribunal has awarded interest @12% per annum till 31st December, 2001 and thereafter @9% per annum which is not disturbed as respondent No. 3 has already paid the original award amount along with interest as aforesaid. 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 Roshni Devi 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 on the next date of hearing after examining the claimants who are directed to remain present in the Court on the next date of hearing.

Renotify for 18th January, 2010.

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