Gyan Devi & Anr. v. Raj Kumar & Ors.

1. Whether Reporters of Local papers may YES be allowed to see the Judgment?

2. To be referred to the Reporter or not? YES

3. Whether the judgment should be YES reported in the Digest? JUDGMENT (Oral)

1. 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.

2. 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.

3. 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 2009:DHC:4340 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/-.

4. 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.

5. The Hon’ble Supreme court in the case of Sarla Verma Vs. Delhi Transport Corporation, 2009 (6) Scale 129 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.

6. 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.

7. It is well settled by the catena of judgments of this Court in the cases of Kanwar Devi vs. Bansal Roadways, 2008 ACJ 2182, National Insurance Company Limited vs. Renu Devi III (2008) ACC 134 and UPSRTC vs. 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.

8. 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/-}.

9. 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.