MAC .APP.No.445/2009 Page 1 of 6 7 *IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP.No.445/2009 Date of Decision: 13th January, 2010 % SHAKUNTLA & ANR ..... Appellants Through : Mr. Navneet Goyal, Adv. versus RAVINDER KUMAR & ORS ..... Respondents Through : Mr. Kanwal Chaudhary, Adv. 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.3,51,240/- has been awarded to the appellants. The appellants seek the enhancement of the award amount. 2. The accident dated 9th November, 2006 resulted in the death of Narender. The deceased was survived by his parents who filed the claim petition before the learned Tribunal. 3. The deceased was aged 18 years at the time of the accident and was working as a tailor earning Rs.150/- to MAC .APP.No.445/2009 Page 2 of 6 Rs.200/- per day. However, in the absence of sufficient proof, the learned Tribunal took the minimum wages of Rs.3,736/-/- into consideration, deducted 1/2 towards personal expenses of the deceased and applied the multiplier of 15 to compute the loss of dependency at Rs.3,36,240/-. Rs.10,000/- has been awarded towards loss of estate and Rs.5,000/- towards the funeral expenses. The total compensation awarded is Rs.3,51,240/-. 4. The learned counsel for the appellants has urged the following grounds at the time of hearing of this appeal:- (i) The increase in minimum wages due to inflation and increase in price index has not been taken into consideration by the learned Tribunal. (ii) The compensation for loss of love and affection be awarded. 5. The learned counsel for respondent No.3 submits that the learned Tribunal has correctly computed the compensation and no enhancement is warranted. 6. The learned counsel for respondent No.3 seeks permission to file written submissions. The oral arguments have been heard and the written submissions are not warranted. 7. The learned counsel for respondent No.3 submits that respondent No.3 has instructed the counsel to file written submissions in all the cases. 8. The written submissions are taken on record where the MAC .APP.No.445/2009 Page 3 of 6 Court considers it necessary in the facts and circumstances of the case but respondent No.3 cannot insist to file written submissions in every case. 9. The learned counsel for respondent No.3 may properly advise to respondent No.3 in this regard that the written submissions shall not be taken on record in every case. 10. It is well settled by 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 that the Court should take judicial notice of increase in minimum wages to meet the increase in price index and inflation rate. This 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. 11. Following the aforesaid judgments, the income of the deceased for computation of compensation is taken to be Rs.5,604/- [(Rs.3,736 + Rs.7,472)/2]. 12. The learned Tribunal has not awarded any compensation towards loss of love and affection. Rs.25,000/- is awarded to the appellants towards loss of love and affection. 13. Taking the income of the deceased to be Rs.5,604/-, deducting 1/2 towards the personal expenses, applying the multiplier of 15, adding Rs.10,000/- towards loss of estate, MAC .APP.No.445/2009 Page 4 of 6 Rs.5,000/- towards funeral expenses and Rs.25,000/- towards loss of love and affection, the total compensation is computed to be Rs.5,44,360/- [(Rs.5,604 x 12 x 1/2 x 15) + Rs.10,000 + Rs.5,000 + Rs.25,000] 14. The appeal is allowed and the award amount is enhanced from Rs.3,51,240/- to Rs.5,44,360/- along with interest @ 7.5% per annum from the date of the filing of the petition till the date of payment. 15. The enhanced award amount along with interest be deposited by respondent No.3 with UCO Bank A/c Shakuntala, Delhi High Court Branch within 30 days. 16. Upon the aforesaid amount being deposited, the UCO Bank is directed keep a sum of Rs.2,00,000/- in the fixed deposit as per the details given hereunder:- (i) Fixed deposit for Rs.50,000/- in the name of appellant No.1 for a period of six months. (ii) Fixed deposit for Rs.50,000/- in the name of appellant No.1 for a period of one year. (iii) Fixed deposit for Rs.50,000/- in the name of appellant No.2 for a period of one and a half years. (iv) Fixed deposit for Rs.50,000/- in the name of appellant No.2 for a period of two years. 17. The remaining amount be released to the appellants by transferring the said amount to their Saving Bank Accounts. MAC .APP.No.445/2009 Page 5 of 6 18. The interest on all the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the Savings Account of the appellants. 19. Withdrawal from the aforesaid account shall be permitted to the appellants after due verification and the Bank shall issue photo Identity Card to the appellants to facilitate identity. 20. No cheque book be issued to the appellants without the permission of this Court. 21. The original fixed deposit receipts shall be retained by the Bank in the safe custody. However, the original Pass Books shall be given to the appellants along with the photocopy of the FDRs. 22. The original fixed deposit receipts shall be handed over to the appellants at the end of the fixed deposit period and the maturity amount be paid by transferring the same to the Saving Bank Account of the appellants. 23. No loan, advance or withdrawal shall be allowed on the said fixed deposit receipts without the permission of this Court. 24. Half yearly statement of account be filed by the Bank in this Court. 25. On the request of the appellants, the Bank shall transfer the Savings Account to any other branch of UCO Bank according to their convenience. 26. The appellants shall furnish all the relevant documents MAC .APP.No.445/2009 Page 6 of 6 for opening of the Saving Bank Accounts and Fixed Deposit Accounts to Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi. 27. Copy of the order be given dasti to counsel for both the parties under the signature of the Court Master. 28. Copy of this order be also sent to Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi through the UCO Bank, High Court Branch under the signature of Court Master. J.R. MIDHA, J JANUARY 13, 2010 mk