Full Judgment Text
21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO.No.193/2003
th
% Date of decision: 10 November, 2009
YUSUF ALI ..... Appellant
Through : Mr. S.N. Parashar, Adv.
versus
KALU LAL ..... Respondent
Through : Mr. S.L. Gupta,
Ms. Neerja Sachdeva and
Mr. Ram Ashray, Advs.
for R-3.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
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.3,73,000/- has been
awarded to the appellants. The appellants seek enhancement of
the award amount.
th
2. The accident dated 20 Arpil, 2001 resulted in the death of
Mustafa. The deceased was survived by his widow, one son, one
daughter and parents who filed the claim petition before the
learned Tribunal.
3. The deceased was aged 32 years at the time of the accident
and was working as Supervisor earning Rs.4,500/- per month.
However, in the absence of sufficient proof of income, the learned
FAO. No.193/2003 Page 1 of 4
rd
Tribunal took the minimum wages of Rs.2,597/-, deducted 1/3
towards the personal expenses of the deceased and applied the
multiplier of 17 to compute the loss of dependency at
Rs.3,50,744/-, rounded off to Rs.3,51,000/-. The learned Tribunal
awarded Rs.2,000/- towards the funeral expenses and Rs.20,000/-
towards non-pecuniary damages. The total compensation
awarded is Rs.3,73,000/-.
4. The learned counsel for the appellants has urged following
grounds at the time of hearing of this appeal:-
(i) Deduction towards the personal expenses of the
rd th
deceased be reduced from 1/3 to 1/4 .
(ii) The increase in minimum wages due to inflation and
increase in price index be taken into consideration.
(iii) The non-pecuniary damages awarded by the learned
Tribunal be enhanced.
5. It is well settled by the judgment of the Hon’ble Supreme
Court in the case of Sarla Verma Vs. Delhi Transport
Corporation, 2009 (6) Scale 129 that the personal expenses
th
of the deceased have to be taken to be 1/4 where the deceased
has left behind 4 to 6 dependents. In the present case, the
deceased has left behind five dependents. Following the
aforesaid judgment of the Hon’ble Supreme Court, the personal
rd th
expenses of the deceased are reduced from 1/3 to 1/4 .
6. The learned Tribunal has not taken 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 vs. Bansal Roadways,
FAO. No.193/2003 Page 2 of 4
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 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.
7. Following the aforesaid judgments, the income of the
deceased is taken to be Rs.4,566/- [(Rs.3,044 + Rs.6,088)/2]. The
loss of dependency is computed to be Rs.6,98,598/- (Rs.4,566 x
12 x 17 x 3/4).
8. With respect to non-pecuniary damages, the learned
th
Tribunal has awarded Rs.20,000/-. The accident is dated 20
April, 2001. Considering the date of the accident, the award of
Rs.20,000/- for non-pecuniary damages is fair and reasonable and
does not call for any interference.
9. The appeal is allowed and the award amount is enhanced
from Rs.3,73,000/- to Rs.7,20,598/- (Rs.6,98,598 + Rs.20,000 +
Rs.2,000).
10. The learned Tribunal has awarded interest @ 8% per annum
which is not disturbed on the original award amount of
Rs.3,73,000/-. 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.
FAO. No.193/2003 Page 3 of 4
11. The enhanced award amount along with interest be
deposited by respondent No.3 by means of a cheque drawn in the
name of with UCO Bank, Delhi High Court Branch A/c Noor Nahar
within 45 days.
12. The order with respect to disbursement of the award
amount shall be passed on the next date of hearing after
examining the appellants who are directed to remain present in
Court on the next date of hearing.
nd
13. List the appeal on 22 December, 2009.
14. Copy of this order be given ‘Dasti’ to learned counsel for
both the parties under signature of Court Master.
J.R. MIDHA, J
NOVEMBER 10, 2009
mk
FAO. No.193/2003 Page 4 of 4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO.No.193/2003
th
% Date of decision: 10 November, 2009
YUSUF ALI ..... Appellant
Through : Mr. S.N. Parashar, Adv.
versus
KALU LAL ..... Respondent
Through : Mr. S.L. Gupta,
Ms. Neerja Sachdeva and
Mr. Ram Ashray, Advs.
for R-3.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
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.3,73,000/- has been
awarded to the appellants. The appellants seek enhancement of
the award amount.
th
2. The accident dated 20 Arpil, 2001 resulted in the death of
Mustafa. The deceased was survived by his widow, one son, one
daughter and parents who filed the claim petition before the
learned Tribunal.
3. The deceased was aged 32 years at the time of the accident
and was working as Supervisor earning Rs.4,500/- per month.
However, in the absence of sufficient proof of income, the learned
FAO. No.193/2003 Page 1 of 4
rd
Tribunal took the minimum wages of Rs.2,597/-, deducted 1/3
towards the personal expenses of the deceased and applied the
multiplier of 17 to compute the loss of dependency at
Rs.3,50,744/-, rounded off to Rs.3,51,000/-. The learned Tribunal
awarded Rs.2,000/- towards the funeral expenses and Rs.20,000/-
towards non-pecuniary damages. The total compensation
awarded is Rs.3,73,000/-.
4. The learned counsel for the appellants has urged following
grounds at the time of hearing of this appeal:-
(i) Deduction towards the personal expenses of the
rd th
deceased be reduced from 1/3 to 1/4 .
(ii) The increase in minimum wages due to inflation and
increase in price index be taken into consideration.
(iii) The non-pecuniary damages awarded by the learned
Tribunal be enhanced.
5. It is well settled by the judgment of the Hon’ble Supreme
Court in the case of Sarla Verma Vs. Delhi Transport
Corporation, 2009 (6) Scale 129 that the personal expenses
th
of the deceased have to be taken to be 1/4 where the deceased
has left behind 4 to 6 dependents. In the present case, the
deceased has left behind five dependents. Following the
aforesaid judgment of the Hon’ble Supreme Court, the personal
rd th
expenses of the deceased are reduced from 1/3 to 1/4 .
6. The learned Tribunal has not taken 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 vs. Bansal Roadways,
FAO. No.193/2003 Page 2 of 4
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 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.
7. Following the aforesaid judgments, the income of the
deceased is taken to be Rs.4,566/- [(Rs.3,044 + Rs.6,088)/2]. The
loss of dependency is computed to be Rs.6,98,598/- (Rs.4,566 x
12 x 17 x 3/4).
8. With respect to non-pecuniary damages, the learned
th
Tribunal has awarded Rs.20,000/-. The accident is dated 20
April, 2001. Considering the date of the accident, the award of
Rs.20,000/- for non-pecuniary damages is fair and reasonable and
does not call for any interference.
9. The appeal is allowed and the award amount is enhanced
from Rs.3,73,000/- to Rs.7,20,598/- (Rs.6,98,598 + Rs.20,000 +
Rs.2,000).
10. The learned Tribunal has awarded interest @ 8% per annum
which is not disturbed on the original award amount of
Rs.3,73,000/-. 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.
FAO. No.193/2003 Page 3 of 4
11. The enhanced award amount along with interest be
deposited by respondent No.3 by means of a cheque drawn in the
name of with UCO Bank, Delhi High Court Branch A/c Noor Nahar
within 45 days.
12. The order with respect to disbursement of the award
amount shall be passed on the next date of hearing after
examining the appellants who are directed to remain present in
Court on the next date of hearing.
nd
13. List the appeal on 22 December, 2009.
14. Copy of this order be given ‘Dasti’ to learned counsel for
both the parties under signature of Court Master.
J.R. MIDHA, J
NOVEMBER 10, 2009
mk
FAO. No.193/2003 Page 4 of 4