15
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.331/2009
Date of Decision: 31st July, 2009
%
HEMA THAKUR & ORS ..... Appellants
Through : Mr. P.S. Singh, Adv.
versus
SURAJ BHAN & ORS ..... Respondents
Through : Mr. Amit Kumar Pandey,
Adv. for R-4.
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)
CM No.9567/2009 (Delay)
1. For the reasons stated in the application and also considering that the appellants are three minor children who lost their father on 4th December, 2008, the delay in filing of the appeal is condoned.
2. The application stands disposed of.
MAC.APP. No.331/2009
1. The appellants have challenged the award of the learned Tribunal whereby compensation of Rs.5,80,000/- has been awarded to the appellants. The appellants seek MAC .APP.No.331/2009 Page 1 of 4 enhancement of the award amount.
2. The accident dated 7th May, 2001 resulted in the death of Sanyogita. The deceased was survived by her husband and three minor children who filed the claim petition before the learned Tribunal.
3. The deceased was aged 38 years at the time of the accident and was working with M/s A.I.M.S., Satya Niketan, New Delhi earning Rs.3,000/- per month. The learned Tribunal took the income of the deceased at Rs.3,000/- and added 50% towards the future prospects to compute the income of the deceased at Rs.4,500/-. After deducting 1/3rd towards the personal expenses and applying the multiplier of 15, the loss of dependency is computed at Rs.5,40,000/-. Rs.40,000/- has been awarded towards loss of love and affection, loss of consortium and funeral expenses. The total compensation awarded is Rs.5,80,000/-.
4. The learned counsel for the appellant submits that the deceased was aged 38 years at the time of the accident. The age of the deceased was proved by her school leaving certificate - Ex.PW1/6. However, the learned Tribunal took the age of the deceased as 44 years according to the ration card and applied the multiplier of 15.
5. According to the Second Schedule of the Motor Vehicles Act, the appropriate multiplier for the age of 38 years is 16. According to the recent judgment of the Hon'ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport MAC .APP.No.331/2009 Page 2 of 4 Corporation, 2009 (6) Scale 129, the appropriate multiplier at the age of 38 years is 15. However, considering the special circumstances of this case, especially that the appellants are three minor children who also lost their father after the death of their mother in the accident, as a special case, this Court is inclined to apply the multiplier of 16 but this case shall not be treated as a precedent.
6. The learned Tribunal has deducted 1/3rd towards the personal expenses of the deceased. However, considering that the deceased left behind four legal representatives, namely, husband and three minor children, the personal expenses of the deceased are reduced from 1/3rd to 1/4th. Applying the multiplier of 16 and taking the personal expenses of the deceased as 1/4th, the loss of dependency of the appellant is computed at Rs.6,48,000/- (Rs.4,500 x 3/4 x 12 x 16).
7. The learned Tribunal has awarded Rs.40,000/- towards loss of love and affection, loss of consortium and funeral expenses. No compensation has been awarded towards loss of estate. Considering the facts and circumstances of this case, especially that after the death of the deceased, the husband of the deceased also expired on 4 th December, 2008 and the appellants are now three minor children aged 18, 17 and 11 years and they are staying with their paternal uncle, the compensation of Rs.10,000/- is awarded to each of the three minor children towards loss of estate. The appellants MAC .APP.No.331/2009 Page 3 of 4 are entitled to the total compensation of Rs.7,18,000/- (Rs.6,48,000 + Rs.40,000 + Rs.10,000 + Rs.10,000 + Rs.10,000).
8. The appeal is allowed. The award amount is enhanced from Rs.5,80,000/- to Rs.7,18,000/- along with interest @7.5% per annum from the date of filing of the petition till realization.
9. The enhanced amount along with interest be deposited by respondent No.4 with the learned Tribunal within 30 days. Upon such deposit being made, the learned Tribunal shall disburse to the claimants in the same proportion and manner as in the original award.
10. Copy of this order be given 'Dasti' to learned counsel for the parties under the signature of Court Master.
J.R. MIDHA, J JULY 31, 2009 mk MAC .APP.No.331/2009 Page 4 of 4