FAO No. 582/2002 Page 1 of 10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO No. 582 of 2002 Judgment reserved on 3.3.2008 % Judgment delivered on: 13.4.2009 Natha Singh And Ors. ...... Petitioner Through: Mr. O.P. Goyal, Adv. versus Rameshwar Singh And Ors. ..... Respondent Through: CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR 1. Whether the Reporters of local papers may be allowed to see the judgment? No 2. To be referred to Reporter or not? No 3. Whether the judgment should be reported in the Digest? No KAILASH GAMBHIR, J. 1. The present appeal arises out of the award dated 17.7.2002 of the Motor Accident Claims Tribunal whereby the Tribunal awarded a sum of Rs. 58,000/- along with interest @ 9% per annum to the claimants. FAO No. 582/2002 Page 2 of 10 2. The brief facts of the case are that on 13.1.1992 at about 9:30 p.m. at Onkar nagar, Tri Nagar the deceased Smt. Satnam Kaur was hit by a Maruti Car bearing registration No. DL-2C-6606 driven in a rash and negligent manner, when she was celebrating Lohri festival in Gali No.20. As a result, she suffered grevious injuries and died. 3. A claim petition was filed on 5.3.1992 and an award was passed on 17.7.2002. Aggrieved with the said award enhancement is claimed by way of the present appeal. 4. The appellants have assailed the said award on quantum of compensation. Shri O.P. Goyal, ccounsel for the appellants contended that the tribunal erred in assessing the income of the deceased at Rs. 600/- per month whereas after looking at the facts and circumstances of the case the tribunal should have assessed the income of the deceased at Rs. 2416/- per month. The counsel submitted that the tribunal has FAO No. 582/2002 Page 3 of 10 erroneously applied the multiplier of 10 while computing compensation when according to the facts and circumstances of the case multiplier of 13 should have been applied. It was urged by the counsel that the tribunal erred in not considering future prospects while computing compensation as it failed to appreciate that the deceased would have earned much more in near future as she was of 49 yrs of age only. It was also alleged by the counsel that the tribunal also failed in appreciating the fact that even the minimum wages are revised twice in year and hence, the deceased would have earned much more in her life span. The counsel also raised the contention that the rate of interest allowed by the tribunal is on the lower side and the tribunal should have allowed simple interest @ 12% per annum in place of only 9% per annum. The counsel contended that the tribunal has erred in not awarding compensation towards loss of love & affection, funeral expenses, loss of estate, loss of consortium, mental pain and sufferings and the loss of services, which were being rendered by the deceased to the appellants. FAO No. 582/2002 Page 4 of 10 5. Nobody has appeared for the respondents. 6. I have heard learned counsel for the appellants and perused the record. 7. It is put forth by the claimants that the deceased was manufacturing steel furniture parts in her own house and was earning Rs. 4,000/- p.m. Appellant NO. 1 deposed as PW 3 that after deceased he is carrying out the said business now. He also deposed that the deceased was a matriculate. He stated that she was not an income tax assessee. Since nothing came on record to prove the income of the deceased, the Tribunal assessed her income under the Minimum Wages Act. 8. After considering all these factors I am of the view that the tribunal has not erred in assessing the income of the deceased at Rs. 600/-. 9. It is no more res integra that mere bald assertions regarding the income of the deceased are of no help to FAO No. 582/2002 Page 5 of 10 the claimants in the absence of any reliable evidence being brought on record. 10. The thumb rule is that in the absence of clear and cogent evidence pertaining to income of the deceased learned Tribunal should determine income of the deceased on the basis of the minimum wages notified under the Minimum Wages Act. Therefore, no interference is made in relation to income of the deceased by this court. 11. As regards the future prospects I am of the view that no sufficient material has been placed on record to award future prospects. 12. However, it has been the consistent view of this court that whenever aid of Minimum Wages Act is taken while computing income, then increase in minimum wages should also be considered. It is well settled that future prospects are not akin to increase in minimum wages. To neutralize increase in cost of living and price index, the minimum wages are increased from time to time. A perusal of the minimum wages notified under the Minimum Wages Act show that to neutralize increase in FAO No. 582/2002 Page 6 of 10 inflation and cost of living, minimum wages virtually double after every 10 years. Thus, it could safely be assumed that income of the deceased would have doubled in the next 10 years. 13. Therefore, the tribunal erred in not considering increase in minimum wages, while assessing the income of the deceased and same should be considered while computing compensation towards loss of dependency. 14. As regards the contention of the counsel for the appellant that the tribunal erred in applying the multiplier of 10 in the facts and circumstances of the case, I feel that the tribunal has committed error. This case pertains to the year 1992 and at that time II schedule to the Motor Vehicles act was not brought on the statute book. The said schedule came on the statute book in the year 1994 and prior to 1994 the law of the land was as laid down by the Hon’ble Apex Court in 1994 SCC (Cri) 335, G.M., Kerala SRTC v. Susamma Thomas. In the said judgment it was FAO No. 582/2002 Page 7 of 10 observed by the Court that maximum multiplier of 16 could be applied by the Courts, which after coming in to force of the II schedule has risen to 18. The deceased was of 49 years of age at the time of the accident and is survived by his two sons and two daughters. In the facts of the present case I am of the view that after looking at the age of the claimants and the deceased and taking a balanced view after considering applicable multiplier under the II Schedule to the Motor Vehicles Act the multiplier of 12 should have been applied. Therefore, in the facts of the instant case the multiplier of 12 shall be applicable. 15. As regards the issue of interest that the rate of interest of 9% p.a. awarded by the tribunal is on the lower side and the same should be enhanced to 12% p.a., I feel that the rate of interest awarded by the tribunal is just and fair and requires no interference. No rate of interest is fixed under Section 171 of the Motor Vehicles Act, 1988. The Interest is compensation for forbearance or detention of money and that interest is FAO No. 582/2002 Page 8 of 10 awarded to a party only for being kept out of the money, which ought to have been paid to him. Time and again the Hon’ble Supreme Court has held that the rate of interest to be awarded should be just and fair depending upon the facts and circumstances of the case and taking in to consideration relevant factors including inflation, policy being adopted by Reserve Bank of India from time to time and other economic factors. In the facts and circumstances of the case, I do not find any infirmity in the award regarding award of interest @ 9% pa by the tribunal and the same is not interfered with. 16. On the contention regarding that the tribunal has erred in not granting adequate compensation towards loss of love & affection, funeral expenses and loss of estate, whereas, no compensation has been granted towards loss of consortium and the loss of services, which were being rendered by the deceased to the appellants. In this regard compensation towards loss of love and affection is enhanced to Rs. 30,000/- compensation towards funeral expenses is enhanced to FAO No. 582/2002 Page 9 of 10 Rs. 5,000/- and compensation towards loss of estate is enhanced to Rs. 10,000/- Further. As far as the contention pertaining to the award of amount towards mental pain and sufferings caused to the appellants due to the sudden demise of their mother and the loss of services, which were being rendered by the deceased to the appellants is concerned, I do not feel inclined to award any amount as compensation towards the same as the same are not conventional heads of damages. 17. On the basis of the discussion, the income of the deceased would come to Rs. 900/- after doubling Rs. 600/- to Rs. 1200/- and after taking the mean of them. After making 1/3rd deductions the monthly loss of dependency comes to Rs. 600/- and the annual loss of dependency comes to Rs. 7200/- per annum and after applying multiplier of 12 it comes to Rs.86400/-. Thus, the total loss of dependency comes to Rs.86400/-. After considering Rs. 45,000/- which is awarded towards non- pecuniary damages the total compensation comes out as Rs. 1,31,400/-. FAO No. 582/2002 Page 10 of 10 18. In view of the above discussion, the total compensation is enhanced to Rs. 1,31,400/- from Rs. 58,000/- with interest @ 7.5% per annum from the date of filing of the petition till realisation and the same should be paid to the appellants by the respondent insurance company in the same proportion as awarded by the Tribunal. 19. With the above direction, the present appeal is disposed of. 13th April, 2009 KAILASH GAMBHIR, J ‘raj’