37, 38 & 39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 5th November, 2009
+ FAO 101/1994
MASTER ARJUN CHANDELA & ORS ..... Appellants
Through : Mr. D.D. Singh, Adv.
versus
SUBHASH CHANDER & ORS ..... Respondents
Through : Mr. Pankaj Seth, Adv.
+ FAO 102/1994
MASTER ARJUN CHANDELA & ORS ..... Appellants
Through : Mr. D.D. Singh, Adv.
versus
SUBHASH CHANDER & ORS ..... Respondents
Through : Mr. Pankaj Seth, Adv.
+ FAO 103/1994
MASTER ARUJN CHANDELA & ORS ..... Appellants
Through : Mr. D.D. Singh, Adv.
versus
SUBHASH CHANDER & ORS ..... Respondents
Through : Mr. Pankaj Seth, 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 FAO. Nos.101/1994, 102/1994 and 103/1994 Page 1 of 5 Tribunal whereby compensation of Rs.6,24,000/- has been awarded to the appellants. The appellants seek enhancement of the award amount.
2. The accident dated 27th November, 1986 resulted in the death of Lt. Commander Vijay Kumar Singh Chandele and his wife Ranjana Chandele. Both the deceased were riding on two wheeler scooter when they were crushed by a bus plying on DTC route bearing No.DEP 4885. The bus dragged both the deceased to a distance about 15 ft. Both the deceased were survived by their minor son aged 6 years who filed the claim petition before the learned Tribunal. The parents of the deceased, Lt. Commander Vijay Kumar Singh Chandele were also joined in the claim petition.
3. The deceased Lt. Commander Vijay Kumar Singh Chandele was aged 35 years and his wife Ranjana Chandele was aged 30 years at the time of the accident. Lt. Commander Vijay Kumar Singh Chandele was working as Lt. Commander with Indian Navy earning Rs.4,640/- per month and his wife was working as Advertising Representative with M/s Anand Bajaj Patrika drawing a salary of Rs.2,495/-. The learned Tribunal took the income of both the deceased at Rs.6,910/- and deducted Rs.3,910/- towards the personal expenses of the deceased and applied the multiplier of 16 to compute the loss of dependency at Rs.5,76,000/-. Rs.48,000/- has been awarded to the parents of Lt. Commander Vijay Kumar Singh Chandele. The total compensation awarded is Rs.6,24,000/-.
FAO. Nos.101/1994, 102/1994 and 103/1994 Page 2 of 5
4. The learned counsel for the appellants has urged the following grounds at the time of hearing of this appeal:-
(i) The future prospects of the deceased be taken into consideration.
(ii) The personal expenses of the deceased be reduced from Rs.3,910/- to 1/3rd.
(iii) The compensation be awarded towards loss of love and affection, loss of estate and funeral expenses.
(iv) The multiplier be enhanced from 16 to 17.
5. The law with respect to the future prospects and the deduction towards the personal expenses is well settled by the recent judgment of the Hon'ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation, 2009 (6) Scale 129.
6. Following the aforesaid judgment, 50% of the salary is added towards the future prospects of the deceased and the income of both the deceased for computation of compensation is taken to be Rs. 10,365/- (Rs.6,910 + 50% of Rs.6,910]. Deducting 1/3rd towards the personal expenses of the deceased, the loss of dependency is taken to be Rs.6,910/- per month. The Lt. Commander Vijay Kumar Singh Chandele was aged 35 years whereas his wife Ranjana Chandele was aged 30 years and the appropriate multiplier at the age of 35 is 16 whereas the appropriate multiplier at the age of 30 is 17. The multiplier is taken to be 16.5. Applying the multiplier of 16.5, the loss of FAO. Nos.101/1994, 102/1994 and 103/1994 Page 3 of 5 dependency is computed to be Rs.13,68,180/- (Rs.6,910 X 12 X 16.5).
7. The learned Tribunal has not awarded any compensation for loss of love and affection, loss of estate and funeral expenses. However, Rs.48,000/- has been awarded by the learned Tribunal to the parents of the deceased husband. The same is treated to be under the heads of loss of love and affection, loss of estate and funeral expenses and, therefore, no compensation is awarded under the above mentioned heads.
8. The appellant are entitled to total compensation of Rs.14,16,180/-. (Rs.13,68,180 + Rs.48,000).
9. The appeal is allowed and the award amount is enhanced from Rs.6,24,000/- to Rs.14,16,180/-. The learned Tribunal has awarded interest at the rate of 12% per annum which is not disturbed on the original award amount of Rs.6,24,000/-. However, on the enhanced award amount, the rate of interest shall be 7.5% per annum from the date of filing of the petition till realization.
10. The enhanced award amount be deposited by respondent No.3 with UCO Bank, Delhi High Court Branch A/c Arjun Chandele within 30 days.
11. The order with respect to the disbursement of the award amount shall be passed on the next date of hearing after examining the appellant who is directed to remain present in Court on the next date of hearing.
FAO. Nos.101/1994, 102/1994 and 103/1994 Page 4 of 5
12. List the appeal on 15th December, 2009.
13. Copy of this order be given 'Dasti' to learned counsel for both the parties under signature of Court Master.
J.R. MIDHA, J NOVEMBER 05, 2009 mk FAO. Nos.101/1994, 102/1994 and 103/1994 Page 5 of 5