Shanti Devi and Others vs Ghasia Kachhap and Others

J.R. Midha, J.—The appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 59,616/- has been awarded to the appellants. The appellants seek enhancement of the award amount.

The accident dated 5th April, 1985 resulted in the death of Raj Bahadur Singh. The deceased was survived by his widow, four sons and a daughter who filed the claim petition before the learned Tribunal.

The deceased was aged 40 years at the time of the accident and was working as a Peon with Khoob Sons Electronics drawing a salary of Rs. 475/- per month. However, in the absence of any documentary proof of age and income, the learned Tribunal took the age of the deceased as 50 to 55 years according to the post-mortem report and the minimum wages of Rs. 414/- per month. The learned Tribunal applied the multiplier of 12 to compute the loss of dependency at Rs. 59,616/-.

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

(i) The age of the deceased be taken to be 42 years.

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

(iii) The multiplier be enhanced from 12 to 15.

(iv) The compensation be awarded for loss of consortium, loss of love and affection, loss of estate and funeral expenses.

With respect to the age of the deceased, the learned Counsel for the appellants has today placed on record the School Leaving Certificate dated 5th June 1956 issued by the School Principal according to which the date of birth of the deceased was 6th June, 1945. Appellant No. 2 is present in Court and his statement has been recorded as to prove the age. The said certificate is exhibited as Ex.P-1. The age of the deceased according to the said certificate was 40 years at the time of the accident. Following the judgment of Hon''ble Supreme Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , the appropriate multiplier at the age of 40 years is 15. The multiplier is, therefore, enhanced from 12 to 15.

The learned Tribunal has taken the minimum wages of Rs. 414/- per month as income of the deceased. However, increase in minimum wages due to inflation and rise in price index has not been considered. It is well settled by 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 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. Following the above judgments, the income of the deceased is taken to be Rs. 621/- per month [(Rs. 414 + Rs. 828)/2]. The learned Tribunal has not deducted any amount towards the personal expenses of the deceased. The deceased has left behind six dependents and, therefore, 1/4th of the income of the deceased is deducted towards his personal expenses.

Taking the income of the deceased as Rs. 621/- per month, deducting 1/4th towards his personal expenses and applying the multiplier of 15, the loss of dependency is computed to be Rs. 83,835/- (Rs. 621 x 3/4 x 12 x 15).

The learned Tribunal has not awarded any compensation towards loss of consortium, loss of love and affection, loss of estate and funeral expenses. Rs. 5,000/- is awarded towards loss of consortium, Rs. 5,000/- towards loss of love and affection, Rs. 5,000/- towards loss of estate and Rs. 1,165/- towards funeral expenses. The total compensation awarded is computed to be Rs. 1,00,000/- (Rs. 83,835 + Rs. 5,000 + Rs. 5,000 + Rs. 5,000 + Rs. 1,165).

The appeal is allowed and the award amount is enhanced from Rs. 59,616/- to Rs. 1,00,000/-. The learned Tribunal has awarded interest @ 10% per annum which is not disturbed on the original award amount of Rs. 59,616/-. 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 notice of deposit under Order 21 Rule 1 of the Code of Civil Procedure.

The enhanced award amount along with interest be deposited by respondent No. 3 with State Bank of India A/c Swamy Nath, Tis Hazari Court Branch through Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322).

Upon the aforesaid deposit being made, the State Bank of India is directed to release the same to the appellants in equal shares by transferring the same to their Saving Bank Account.

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

Copy of this order be also sent to Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322) under the signature of Court Master.