GEETA Vs. RAM KISHAN

JUDGEMENT

(1.) THESE are two Cross-Appeals; MAC APP No.837/2010 has been filed by the claimants, who say that the amount of compensation of Rs.10,91,000/- is too meager as future prospects of the deceased were not considered, whereas in MAC APP No.740/2010 filed by the United India Insurance Co. Ltd., it is stated that the Tribunal fell into error in relying upon the salary certificate Ex.PW2/2 and calculating dependency thereon.

(2.) SINCE the Insurance Company has not challenged the factum of accident and the rashness/negligence on the part of the driver, my task is easier. The question for determination in these two Appeals is whether the salary certificate Ex.PW2/2 was reliable or not. By the impugned award, the Tribunal believed the salary certificate Ex.PW2/2, considering the number of dependents to be four, deducted 1/4th towards personal living expenses of the deceased and applied the multiplier of "14" as per the age of the deceased (43 years) to arrive at the loss of dependency as Rs.10,71,000/-.

(3.) THERE is no evidence with regard to the educational qualification of the deceased. Having rejected the salary certificate Ex.PW2/2, the dependency can be calculated on the basis of the Notification issued by the Government of N.C.T. of Delhi fixing the minimum wages in scheduled employments. The minimum wages are revised from time to time to offset inflation as also to provide the better standard of living and to give the benefit and of the growth of G.D.P. to the lowest paid workers. Perusal of the Notifications issued by the Government of N.C.T. of Delhi shows that the minimum wages as on 01.06.2008 were Rs.3633/-. Just within one year and 08 months, the minimum wages of unskilled worker were revised to Rs.5278/- per month which shows an increase of 45%. This Court in (i) UPSRTC v. Munni Devi, IV (2009) ACC 879; (ii) National Insurance Company Ltd. v. Renu Devi & Ors., III (2008) ACC 134; and (iii) Narinder Bishal & Anr. v. Rambir Singh & Ors. MAC APP. 1007-08/2006 decided on 20th February, 2008, made addition of 50% in the minimum wages taken for calculation for loss of dependency. Considering that the deceased was 43 years, I would restrict this benefit to only 30%. The loss of dependency thus works out as 3633+30% X 12=56676 - 1/4 X 14= Rs.5,95,098/-. The Tribunal awarded further a sum of Rs.10,000/- on account of funeral expenses and Rs.10,000/- on account of loss of consortium. Since the deceased left behind three minor children, some provision ought to have been made for loss of love and affection. Thus, I award a sum of Rs.25,000/- towards love and affection and Rs.10,000/- towards loss of estate.