25
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.422/2004
Date of Decision: 29th July, 2009
%
RAM BABOO DUBEY & ANR. ..... Appellants
Through: Mr. R.K. Gupta, Adv.
versus
HARYANA ROADWAYS AND ANR. ..... Respondents
Through: Mr. Yashpal Ragi with Manjit
Singh, Advocates.
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.2,45,256/- has been awarded to the appellants. The appellants seek enhancement of the award amount.
2. The accident dated 1st December, 1995 resulted in the death of Rajinder Kumar. The deceased was survived by his parents who filed the claim petition before the learned Tribunal.
3. The deceased was aged 21 years at the time of the accident. The deceased was a tailor-cum-cutter and was earning Rs.6,000/- per month. However, in the absence of MAC .APP.No.422/2004 Page 1 of 4 sufficient evidence, the learned Tribunal took the minimum wages into consideration and applied the multiplier of 13 after deducting 50% of income of the deceased as personal expenses. The loss of dependency was computed by the learned Tribunal to be Rs.2,30,256/-. Rs.15,000/- has been awarded towards pain and suffering and funeral expenses. Total compensation awarded is Rs.2,45,256/-.
4. The appellants have challenged the impugned award on three grounds. The first ground of challenge is that the income of the deceased should be taken as Rs.6,000/- instead of minimum wages. The second ground of challenge is that the multiplier of 14 be applied instead of 13 and the third ground of challenge is that the compensation be awarded for loss of love and affection and loss of estate.
5. With respect to the income of the deceased, learned counsel for the appellant refers to and relies upon the statement of PW-2, who deposed that he was the proprietor of Abhi International dealing in export of garments and the deceased was doing job work for him. PW-2 further deposed that the deceased was earning Rs.200/- to Rs.250/- per day out of his four machines. The payment voucher signed by PW-2 is Ex.PW2/A.
6. The learned Tribunal has recorded in the award that the counsel for the appellants has conceded that the income of the deceased be taken according to the minimum wages. In view of the statement made by the learned counsel for the MAC .APP.No.422/2004 Page 2 of 4 appellant before the learned Tribunal, there is no infirmity with the finding of the learned Tribunal insofar as the minimum wages have been taken to compute the loss of dependency.
7. With respect of the multiplier adopted by the learned Tribunal, it is noted that the age of the mother of the deceased at the time of the accident was 45 years and, therefore, the appropriate multiplier in the present case is
14. The multiplier is, therefore, enhanced from 13 to 14. The loss of dependency by applying the multiplier of 14 is computed to be Rs.2,48,052/- [(Rs.2,953 - 50% of Rs.2,953) X 12 X 14].
8. The learned Tribunal has not awarded any compensation towards loss of love and affection and loss of estate. Rs.10,000/- is awarded for loss of estate and Rs.12,500/- is awarded to each of the appellants towards loss of love and affection. The total compensation payable to the appellants is computed to be Rs.2,98,052/- (Rs.2,48,052 + Rs.15,000 + Rs.10,000 + Rs.12,500 + Rs.12,500/-).
9. The appeal is allowed and the award amount is enhanced from Rs.2,45,256/- to Rs.2,98,058/-. The learned Tribunal has awarded interest @ 9% per annum which is not disturbed on the original award amount of Rs.2,45,256/-. However, on the enhanced award amount, the rate of interest shall be @ 7.5% per annum from the date of the filing of the petition till payment.
MAC .APP.No.422/2004 Page 3 of 4
10. The enhanced amount along with interest be deposited by the respondent with the learned Tribunal within 30 days. Upon the said amount being deposited, the learned Tribunal is directed to release the enhanced amount along with interest to the appellants without any restriction of fixed deposit considering the age of the appellants.
11. Copy of the order be given dasti to both the counsel for the parties under the signatures of the Court Master.
J.R. MIDHA, J JULY 29, 2009 s.pal MAC .APP.No.422/2004 Page 4 of 4