MAC.APP./1055/2011 of ASHA & ORS Vs SURESH KUMAR & ANR

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 1055/2011

Date of decision: 11[th] April, 2012

ASHA & ORS.

..... Appellants

Through:

Mr. O.P. Mannie, Advocate

versus

SURESH KUMAR & ORS. ..... Respondents

Through:

Mr. Rakesh Kakushik with Mr. Ajay Aggarwal, Advocate for the Respondent No.1. Mr. Sandeep Bajaj, Advocate for the Respondents No.2 to 5. Mr. Ajay Aggarwal, Advocate for the Respondent No.1. Mr. Sandeep Bajaj, Advocate for the Respondents No.2 to 5.

CORAM:

HON'BLE MR. JUSTICE G.P.MITTAL

J U M N T

G. P. MITTAL, J. (ORAL)

1.The Appeal is for enhancement of compensation of ` 2,92,000/- awarded for the death of Madan Lal, who was aged about 41 years on the date of the accident. awarded for the death of Madan Lal, who was aged about 41 years on the date of the accident.

2.A Claim Petition was filed by the Appellants under Section 163-A of the Motor Vehicles Act (the Act). The Appellants’ grievance is that the deceased was working as Safai Karamchari in the MCD on Daily Wages. In the absence of any documentary evidence, the Motor Accident Claims 163-A of the Motor Vehicles Act (the Act). The Appellants’ grievance is that the deceased was working as Safai Karamchari in the MCD on Daily Wages. In the absence of any documentary evidence, the Motor Accident Claims

Tribunal (the Claims Tribunal) instead of taking the deceased’s income of an unskilled worker under the Minimum Wages Act took the notional income of ` 30,000/- per annum and computed the loss of dependency as `2,80,000/-.

It is not disputed by the learned Counsel for the Appellant that in Petition under Section 163-A of the Motor Vehicles Act, the compensation has to be awarded as per the structured formula given in the Second Schedule. I am supported in this view by the reports of the Supreme Court in Oriental Insurance Company v. Hansrajbhai v. Kodala, (2001) 5 SCC 175, Deepal Girishbhai Soni v. United India Insurance Company Limited, (2004) 5 SCC 385 and Oriental Insurance Company Limited v. Meena Variyal (2007) 5 SCC 428.

4.The contention raised on behalf of the Appellant is that even if the salary of Safai Karamchari in MCD was not taken into consideration. The Claims Tribunal should have taken minimum wages of an unskilled worker to compute the loss of dependency. I would agree with the contention raised on behalf of the Appellant. the salary of Safai Karamchari in MCD was not taken into consideration. The Claims Tribunal should have taken minimum wages of an unskilled worker to compute the loss of dependency. I would agree with the contention raised on behalf of the Appellant.

5.The Minimum Wages of an unskilled worker on the date of the accident i.e. 17.05.2004 were ` 2863/- per month. accident i.e. 17.05.2004 were ` 2863/- per month.

6.Hence, the loss of dependency on the income of ` 2863/- per month comes to ` 3,43,560/- (2863/- x 2/3 x 12 x 15). month comes to ` 3,43,560/- (2863/- x 2/3 x 12 x 15).

7.On adding notional sum of ` 9,500/- under various non-pecuniary heads i.e. for Loss of Consortium, Funeral Expenses and Loss to Estate which would be `5,000/-, `2,000/- and `2,500/- respectively as per the Second Schedule, the overall compensation comes to ` 3,53,060/-. pecuniary heads i.e. for Loss of Consortium, Funeral Expenses and Loss to Estate which would be `5,000/-, `2,000/- and `2,500/- respectively as per the Second Schedule, the overall compensation comes to ` 3,53,060/-.

8.The compensation thus stands enhanced from `2,92,000/- to ` 3,53,060/-. The enhanced compensation of `61,060/- shall carry interest @ 7.5% per annum from the date of filing of the Petition till the date of payment. 3,53,060/-. The enhanced compensation of `61,060/- shall carry interest @ 7.5% per annum from the date of filing of the Petition till the date of payment.

9.The enhanced amount along with interest shall be deposited by Respondents No.2 to 4 with the Registrar General of this Court within six weeks. Respondents No.2 to 4 with the Registrar General of this Court within six weeks.

10.The enhanced compensation shall enure for the benefit of the first Appellant, the deceased’s widow. 50% of the enhanced compensation along with interest shall be held in fixed deposit for period of three years in UCO Bank, Delhi High Court Branch, New Delhi. Rest of the amount along with interest shall be released to her immediately on deposit. first Appellant, the deceased’s widow. 50% of the enhanced compensation along with interest shall be held in fixed deposit for period of three years in UCO Bank, Delhi High Court Branch, New Delhi. Rest of the amount along with interest shall be released to her immediately on deposit.

11.The Appeal is allowed in above terms.

12.No costs.

APRIL 11, 2012

(G.P. MITTAL) JUDGE