MAC APP No.510/2008 Page 1 of 5 6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC APP.No.510/2008 Date of decision:19th February, 2009 % SUSHIL KUMAR & ORS ..... Appellant Through : Mr. O.P. Mannie, Adv. versus RAJBIR SINGH & ORS ..... Respondent Through : Mr. (name not given), Adv. 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 impugned award dated 7th May, 2008 passed by the Learned Tribunal whereby the compensation of Rs.5,67,492/- has been awarded to the appellants. The appellants seek enhancement of the award. 2. The road accident dated 10th February, 2005 between truck bearing No.HR-38-E-1051 and the motorcycle resulted in the death of pillion rider, Babita. 3. The deceased was aged 28 years at the time of the accident and was survived by her husband and three minor children who filed the claim petition before the Learned Tribunal. MAC APP No.510/2008 Page 2 of 5 4. The Learned Tribunal computed the compensation by taking the minimum wages of Rs.3,804.90. 1/3rd was deducted towards the personal expenses of the deceased and multiplier of 18 was applied for computing the loss on dependency at Rs.5,47,992/-. Rs.2,000/- was awarded towards funeral expenses, Rs.5,000/- towards loss of consortium, Rs.12,500/- towards loss of estate and loss of love and affection. The total compensation awarded was Rs.5,67,492/-. 5. The appellants have challenged the impugned award on the following grounds:- (i) The Learned Tribunal has not taken into consideration the increase in minimum wages over the period of time to meet the price index and inflation rate to compute the compensation. (ii) Very low amount has been awarded towards loss of consortium, loss of estate and loss of love and affection. 6. In the case of Kanwar Devi vs. Bansal Roadways, 2008 ACJ 2182, this Court took judicial notice of the increase of minimum wages to meet the 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. MAC APP No.510/2008 Page 3 of 5 7. In the case of Lekh Raj vs Suram Singh, 2007 ACJ 2165, this Court took judicial notice of the increase in minimum wages and the compensation was computed on the basis of the said increase. 8. In the case of National Insurance Company Limited vs. Renu Devi, III (2008) ACC 134, this Court took the judicial notice of the fact that the minimum wages get almost doubled over the period of 10 years and the compensation was computed on that basis. 9. Following the aforesaid judgments, the income of the deceased is calculated by taking the average of minimum wages and the double of the same. 10. The appellants are entitled to the compensation of Rs.8,21,858.40/- towards loss of dependency as per computation given below: - Minimum wages as on 01.02.2005 Rs.3,804.90 (+) Double of Rs.3,804.90 Rs.7,609.80 Total Rs.11,414.70 Divided by 2 Rs.5,707.35 (-) Personal expenses @ 1/3rd Rs.1,902.45 Dependency (Per month) Rs.3,804.90 Annual Dependency (Multiplied by 12) Rs.4,568.80 Total Dependency (Multiplier of 18) Rs.8,21,858.40 11. The next point urged by learned counsel for the appellant is that very low amount of compensation has been awarded for loss of consortium, loss of estate and loss of love and affection. MAC APP No.510/2008 Page 4 of 5 12. The learned counsel refers to and relies upon the judgment of the Apex Court in the case of Mohinder Kaur vs. Hira Nand Sindhi, 2007 ACJ 2123, where the Apex Court awarded interest @9% per annum on Rs.50,000/- towards loss of consortium relating to an accident on 1982. 13. The learned counsel also refers to the United India Insurace Company Ltd. vs Sulochana, III (2007) ACC 50 (DB), where the Division Bench of the Madras High Court awarded Rs.50,000/- towards loss of consortium and Rs.25,000/- to each of the legal representative towards loss of love and affection. 14. The counsel for the respondent in reply refers to and relies upon the judgments of National Insurance Co. Ltd. vs. M/s Swaranlata Dass, 1993 Supp (2) SCC 743, Om Kumari vs. Shish Pal, 2007 ACJ 938, Annai Sathya Transport Corp. vs. Rahamathunnisa, 2008 ACJ 146, Dr.Pramodchandra vs. Ashwani Arora, 2007 ACJ 959 and Vikram Singh vs. Manvendra Singh, 2007 ACJ 950, in which the lower amount has been awarded towards loss of consortium. 15. The compensation for loss of consortium and loss of love and affection are non-pecuniary damages and they do not form part of pecuniary damages. 16. In the facts of this case, I award compensation of Rs.25,000/- to appellant No.1 for loss of consortium and MAC APP No.510/2008 Page 5 of 5 Rs.10,000/- to each of the appellants towards loss of love and affection. 17. The appeal is partially allowed. The compensation is enhanced from Rs.5,67,492/- to Rs. 8,88,858/- (Rs.8,21,858 + Rs.25,000 + Rs.10,000 + Rs.10,000 + Rs.10,000 + Rs.10,000 + Rs.2,000) along with interest @ 7% per annum from the date of filing of petition till realization. 18. The enhanced amount along with interest be deposited within 30 days and the same be released to the appellants in the same proportion in which the original impugned award was passed. 50% of the total share awarded to appellant No.1 shall remain in FDR for a period of 5 years and remaining 50% be released to appellant No.1. The amount awarded to appellant Nos.2 to 4 shall remain in FDR till they attain the age of majority. The interest on the fixed deposits be released to the beneficiaries on periodical basis. J.R. MIDHA, J FEBRUARY 19, 2009 mk