Reena Devi and Ors vs Bebo Sesh Etc

J.R. Midha

The appellants have challenged the award of the learned Tribunal whereby compensation of Rs.5,83,800/- has been awarded to the appellants. The appellants seek enhancement of the award amount.

The accident dated 2nd February, 2007 resulted in the death of Surender Singh. The deceased was survived by his widow, two minor daughters and three minor sons who filed the claim petition before the learned Tribunal.

The deceased was aged 37 years at the time of the accident and was working as a driver. It was claimed that the deceased was earning Rs.8,000/- per month. However, in the absence of sufficient proof of income, the learned Tribunal took the minimum wages of Rs.4,000/- per month into consideration, deducted Rs.1,090/- towards personal expenses and applied the multiplier of 15 to compute the loss of dependency at Rs.5,23,800/-. The learned Tribunal has awarded Rs.40,000/- towards loss of love and affection, Rs.10,000/- towards loss of consortium, Rs.5,000/- towards funeral expenses and Rs.5,000/- towards loss of estate. The total compensation awarded is Rs.5,83,800/-.

The learned Tribunal has deducted 1/2 towards the contributory negligence of vehicles bearing Nos.HR-46A-5263 and HR-43A-0107.

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

(i) The medical expenses of Rs.1,18,780/- be awarded to the appellants in respect of the treatment taken by the deceased prior to his death.

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

(iii) The finding of composite negligence be set aside.

With respect to the medical expenses on the treatment of the deceased prior to his death, the Senior Marketing Executive of Kukreja Hospital and Heart Centre appeared in the witness box and proved the record of treatment and expenditure of the deceased as Ex.Pw2/1. PW-2 proved the medical bill for Rs.89,000/- and submitted that Rs.9,420/- is due and outstanding. The bill was proved as Ex.PW2/B. The learned Tribunal recorded the aforesaid evidence in para 8 of the award but ignored the same while awarding the compensation to the appellants towards the treatment of the deceased prior to the death. Rs.98,420/- (Rs.89,000 + Rs.9,420) is awarded to the appellants towards the medical expenditure.

The learned Tribunal has taken the minimum wages of Rs.4,000/- to compute the compensation. The learned Tribunal has not taken the increase in minimum wages due to inflation and rise in price index. 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 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. Following the aforesaid judgments, the income of the deceased for computation of compensation is taken to be Rs.6,000/- per month [(Rs.4,000 + Rs.8,000)/2].

The deceased had left behind six dependents and, therefore, the appropriate deduction towards the personal expenses of the deceased is 1/4th. Deducting 1/4th towards the personal expenses of the deceased and applying the multiplier of 15, the loss of dependency is computed to be Rs.8,10,000/- (Rs.6,000 x 12 x 15 x 3/4). Adding Rs.40,000/- towards loss of loss and affection, Rs.10,000/- towards loss of consortium, Rs.5,000/- towards loss of estate, Rs.5,000/- towards funeral expenses and Rs.98,420/- towards the medical expenditure, the total compensation is computed to be Rs.9,68,420/-.

The learned Tribunal has held the liability of respondent No.3 to be 50% on the ground of composite negligence of vehicles bearing Nos.HR-46A-5263 and HR-43A-0107. The eye-witness of the accident appeared in the witness box as PW-3 and deposed that the deceased was travelling in Tavera bearing No.DL-3C-AE-0595 which stopped as the vehicle in front of that Tavera stopped. However, the truck bearing No.HR-46A-5263 came from behind and hit the Tavera due to which the deceased suffered fatal injuries. The charge sheet has been filed against the driver of truck bearing No.HR-46A-5263. The learned Tribunal has given a finding of composite negligence of truck bearing No.HR 43A-0107 which was moving ahead of the Tavera and truck bearing No.HR-46A-5623 which rammed into Tavera, apart from other vehicles. The finding of the learned Tribunal is not based on the evidence on record. The finding of the learned Tribunal is contrary to the statement of PW-3 as well as charge sheet filed by the police. The finding of the learned Tribunal in this regard is, therefore, set aside. It is held that the accident was occurred due to rash and negligent driving of truck bearing No.HR-46A-5263. The appellants are entitled to total compensation of Rs.9,68,420/-.

The appeal is allowed and the award amount is enhanced from Rs.5,83,800/- to Rs.9,68,420/- along with interest @ 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 Reena Devi, Delhi High Court Branch through Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400) within 30 days.

The order with respect to the disbursement of the award amount shall be passed after examining the claimants who are directed to remain present in Court on the next date of hearing.

List for directions on 29th April, 2010.

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