Uttar Pradesh State Roadways ... vs Rajat Sachdeva & Anr.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                   Date of Decision: 23rd December, 2016
+    MAC.APP. 214/2008
UTTAR PRADESH STATE ROADWAYS               ..... Appellant
TRANSPORT CORPORATION
                Through: Ms. Garima Prashad and Mr.
                         Shadab Khan, Advocate

                                      Versus
RAJAT SACHDEVA & ANR.                      ..... Respondents
                Through: Mr. S.N. Parashar, Advocate
                         Mr. Pradeep Gaur, Advocate for
                         National Insurance Co. Ltd.

+    MAC.APP. 512/2008
RAJAT SACHDEVA & ORS.                        ..... Appellants
                Through: Mr. S.N. Parashar, Advocate

                                      Versus
UTTAR PRADESH STATE ROADWAYS               ..... Respondents
TRANSPORT CORPORATION & ORS.
                Through: Ms. Garima Prashad and Mr.
                         Shadab Khan, Advocate
                         Mr. Pradeep Gaur, Advocate for
                         National Insurance Co. Ltd.

       CORAM:
       HON'BLE MR. JUSTICE J.R. MIDHA

                              JUDGMENT

1. Both the parties have challenged the award passed by the Claims Tribunal of Rs.6,64,000/- has been awarded to Rajat Sachdeva. U.P. State Road Transport Corporation is seeking reduction of the MAC. APP. Nos.214/2008 & 512/2008 Page 1 of 4 award amount whereas claimants are seeking enhancement of the award amount.

2. The accident dated 04th May, 2003 resulted in the death of Sangeeta. The deceased was aged 45 years at the time of the accident and was survived by her husband and son who filed the claim petition before the Claims Tribunal.

3. The deceased, M.A., B. Ed., was working as a tutor earning Rs.80,750/- per annum as per the Income Tax Return for the year 2000-01. The Claims Tribunal took the income of the deceased as Rs.6,000/- per month, deducted 1/3rd towards personal expenses and applied the multiplier of 13 to compute the loss of dependency as Rs.6,24,000/-. The Claims Tribunal awarded Rs.10,000/- towards transportation of dead body, Rs.10,000/- towards loss of consortium, Rs.10,000/- towards loss of estate and Rs.10,000/- towards funeral expenses. Total compensation awarded is Rs.6,64,000/- along with interest @ 7.5% per annum.

4. Learned counsel for the claimants urged at the time of hearing that income of the deceased be taken as Rs.7,000/- instead of Rs.6,000/- and 30% be added towards future prospects and multiplier be enhanced from 13 to 14. The claimants seek enhancement of compensation under the heads of love and affection, loss of consortium, loss of estate as well as funeral expenses. The claimants also seek enhancement of rate of interest from 7.5% per annum to 9% per annum.

5. Learned counsel for UPSRTC seeks reduction of the award amount on the ground that the deceased be treated as a housewife and MAC. APP. Nos.214/2008 & 512/2008 Page 2 of 4 the compensation be awarded only for loss of estate as her husband was not dependent upon her.

6. This Court is of the view that the income of the deceased has been rightly taken as Rs.6,000/- per month. Since the deceased was aged 45 years, 30% is added towards future prospects. The appropriate multiplier at the age of 45 is 14. Taking the income of the deceased as Rs.6,000/- per month, deducting 1/3rd towards personal expenses and applying the multiplier of 14, the loss of dependency is computed as Rs.8,73,600/-. Since the deceased has left behind her husband and son, the Claims Tribunal has rightly deducted 1/3rd toward personal expenses. Although the husband may not be dependent on the income of the wife but the son was certainly dependent upon both the parents and, therefore, the claimants are entitled to the loss of dependency.

7. The compensation under the heads of loss of love and affection and loss of consortium warrant enhancement. Rs.1 lakh is awarded towards loss of love and affection and Rs.1 lakh is awarded towards loss of consortium. Adding Rs.10,000/- towards loss of estate, Rs.10,000/- towards transportation of dead body and Rs.10,000/- towards funeral expenses, the total compensation comes to Rs.11,03,600/-. The rate of interest is enhanced from 7.5% per annum to 9% per annum.

8. The MAC.APP. 512/2008 is allowed and the award amount is enhanced from Rs.6,64,000/- to Rs. 11,03,600/- along with interest @ 9% per annum from the date of petition. The MAC.APP. 214/2008 is dismissed.

9. The enhanced award amount be deposited by UPSRTC with the UCO Bank, Delhi High Court Branch by means of a cheque drawn in the name of UCO Bank A/c Rajat Sachdeva within four weeks from today.

10. List for disbursement of the award amount to the respondents on 06th February, 2017.

11. Copy of this judgement be given dasti to learned counsels for the parties.

DECEMBER 23, 2016                                    J.R. MIDHA, J.
rsk




MAC. APP. Nos.214/2008 & 512/2008                             Page 4 of 4