56
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.231/2006
Date of Decision: 21st December, 2009
%
SANTRA DEVI & ORS. ..... Appellants
Through : Mr. O.P. Mannie, Adv.
versus
RAJINDER SINGH YADAV & ORS. ..... Respondents
Through : Mr. K.L. Nandwani, 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 award of the learned Tribunal whereby compensation of Rs.4,71,970/- has been awarded to the appellants. The appellants seek enhancement of the award amount.
2. The accident dated 20th February, 2003 resulted in the death of Mahinder Singh. The deceased was survived by his widow, two sons, two daughters and mother who filed the claim petition before the learned Tribunal.
3. The deceased was aged 50 years at the time of the accident and was working as a security guard earning Rs.4,500/- per month. However, in the absence of any MAC.APP.No.231/2006 Page 1 of 4 documentary evidence of income, the learned Tribunal took the minimum wages of Rs.2,785/- per month into consideration, deducted 1/3rd towards personal expenses of the deceased and applied the multiplier of 13 to compute the loss of dependency at Rs.4,34,460/-. Rs.10,000/- has been awarded towards loss of consortium, Rs.10,000/- towards loss of love and affection, Rs.10,000/- towards loss of expectancy of life, Rs.4,000/- towards funeral expenses and Rs.3,510/- towards medical expenses. The total compensation awarded is Rs.4,71,970/-.
4. The only ground urged by learned counsel for the appellants at the time of hearing of this appeal is that the personal expenses of the deceased be reduced from 1/3rd to 1/4th considering that the deceased has left behind six legal representatives.
5. It is well settled by the judgment of the Hon'ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation, 2009 (6) Scale 129 that where the deceased has left behind 4 to 6 legal representatives, the appropriate deduction towards personal expenses of the deceased is 1/4th.
6. Following the aforesaid judgment, the personal expenses of the deceased is reduced from 1/3rd to 1/4th.
7. Taking the income of the deceased Rs.2,785/- per month, adding 50% towards increase in minimum wages due to inflation and rise in price index, deducting 1/4 th towards MAC.APP.No.231/2006 Page 2 of 4 personal expenses and applying the multiplier of 13, the loss of dependency is computed to be Rs.4,88,767/- [(Rs.2,785 + Rs.5,570)/2 x 12 x 13 x 3/4]
8. Adding Rs.10,000/- towards loss of consortium, Rs.10,000/- towards loss of love and affection, Rs.10,000/- towards loss of estate, Rs.4,000/- towards funeral expenses and Rs.3,510/- towards medical expenses, the total compensation is computed to be Rs.5,26,277.50 (Rs.4,88,767.50 + Rs.10,000 + Rs.10,000 + Rs.10,000 + Rs.4,000 + Rs.3,510)
9. The appeal is allowed and the award amount is enhanced from Rs.4,71,970/- to Rs.5,26,277/- along with interest @7.5% per annum from the date of filing of the petition till realization. The aforesaid amount shall include the interim award amount passed by the learned Tribunal.
10. After making the payment of aforesaid amount, respondent No.3 shall be entitled to recover the said amount from respondent No.2 in terms of the award of the learned Tribunal.
11. The enhanced award amount along with interest be deposited by respondent No.3 with UCO Bank A/c Shanta Devi through Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400) within 30 days.
12. Upon the aforesaid amount being deposited, the UCO Bank is directed to release 50% of the same to appellant MAC.APP.No.231/2006 Page 3 of 4 No.1 and the remaining 50% be kept in fixed deposit in the name of appellant No.1 for a period of one year with cumulative interest.
13. Copy of this order be given 'Dasti' to learned counsel for the parties.
J.R. MIDHA, J DECEMBER 21, 2009 aj MAC.APP.No.231/2006 Page 4 of 4