8
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO No.636/2003
Date of Decision: 12th May, 2009
%
SANTRA DEVI ..... Appellant
Through : Mr. Ashutosh Kumar, Adv.
versus
SUKHDEV SINGH & ORS. ..... Respondents
Through : Mr. K.L. Nandwani, Adv.
for R - 3.
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 appellant has challenged the award of the learned Tribunal whereby the compensation of Rs.63,000/- has been awarded to the appellant. The appellant seeks enhancement of the award amount.
2. The accident dated 16th August, 1991 resulted in the death of Nand Kishore Goel. The deceased was getting down from the moving bus and fell down on the road and was run over by the rear tyre of the same bus. The deceased was aged 23 years at the time of the accident and was survived by his mother who filed the claim petition before the learned Tribunal. The deceased was unmarried at the time of the FAO No.636/2003 Page 1 of 4 accident. The deceased was working with his brother-in-law and was alleged to be earning Rs.6,000/- per month. However, the Insurance Company in cross-examination placed on record the income tax return filed by the deceased according to which his income was Rs.2,000/- per month. The learned Tribunal took the future prospects into consideration and took the income to be Rs.3,000/- per month. The learned Tribunal deducted towards 2/3 rd towards personal expenses of the deceased and took the dependency to be Rs.1,000/- per month. The multiplier of 8 has been applied to compute the loss of dependency at Rs.96,000/- which has been reduced to 50% due to the contributory negligence of the deceased. Rs.5,000/- has been awarded towards the funeral expenses and Rs.10,000/- towards loss of love and affection. The total compensation awarded is Rs.63,000/-.
3. The appellant has challenged the impugned award on the ground that the deceased was not negligent and, therefore, the deduction of 50% compensation is no justified. The appellant has also challenged the deduction of 2/3rd towards personal expenses of the deceased and the lower multiplier applied by the learned Tribunal. The appellant also seeks enhancement of the compensation for loss of love and affection.
4. With respect to the contributory negligence, the learned Tribunal has relied upon the statement of the eye FAO No.636/2003 Page 2 of 4 witness - PW 2 who had deposed that the deceased got down from the moving bus which shows that the deceased was also negligent. The finding of the contributory negligence is, therefore, based on the evidence on record and there is no infirmity in the finding.
5. As per the recent judgment of the Hon'ble Supreme Court in the case of Sarla Verma vs. Delhi Transport Corporation 2009 (6) Scale 129 decided on 15th April, 2009, the deduction of 1/2 is permissible in the case of the death of a bachelor. As such, the deduction of 2/3 rd by the learned Tribunal is unjustified. With respect to the multiplier, the Hon'ble Supreme Court has held the appropriate multiplier to be 11 considering the age of the appellant to be 55 years. The learned Tribunal was in error in applying the multiplier of 8.
6. The loss of dependency of the deceased is computed by taking the dependency of the appellant to be Rs.1,500/- on which the multiplier of 11 is applied. The loss of dependency comes to Rs.1,98,000/- (Rs.1,500 X 12 X 11). Since the deceased was contributory negligent, the appellant is entitled to 50% of the aforesaid amount which comes to Rs.99,000/-. The compensation of Rs.5,000/- towards funeral expenses is maintained. However, the compensation for loss of love and affection is enhanced from Rs.10,000/- to Rs.25,000/- and the compensation for loss of estate is awarded at Rs.10,000/-. The total compensation awarded to FAO No.636/2003 Page 3 of 4 the appellant comes to Rs.1,39,000/- (Rs.99,000 + Rs.25,000 + Rs.5,000 + Rs.10,000).
7. The appeal is allowed and the award amount is enhanced from Rs.63,000/- to Rs.1,39,000/- along with interest @ of 9% per annum from the date of filing of this petition till realization.
8. The enhanced amount along with interest be deposited by the appellant with the learned Tribunal within 30 days.
9. Upon such deposit being made, the learned Tribunal is directed to release 50% of the same and the remaining 50% be kept in fixed deposit for a period of five years on which periodical interest be paid to the appellant but no loan, advance or withdrawal be permitted without the prior permission of the learned Tribunal.
10. Copy of this order be given 'Dasti' to learned counsel for both the parties under signatures of Court Master.
J.R. MIDHA, J MAY 12, 2009 mk FAO No.636/2003 Page 4 of 4