THE HONOURABLE SMT. JUSTICE P.SREE SUDHA
C.R.P.No. 2703 of 2022
ORDER:
This Civil Revision Petition is filed aggrieved by the order passed by the learned Principal District and Sessions Judge, Kamareddy, in I.A.No.612 of 2022 in O.P.No.77 of 2018 dated 14.10.2022.
2. The revision petitioners/claimants filed the aforesaid I.A.No.612 of 2022 under Order 47 Rule 1 C.P.C. seeking to review the judgment and decree, dated 11.04.2022, passed in O.P.No.77 of 2018. It is stated that the Tribunal has taken the age of the deceased as 47 years on the date of accident, but the Tribunal had erroneously applied the multiplier '12' instead of '13' which is applicable to the age of the deceased as per the judgment of the Apex Court in Sarla Verma & others Vs. Delhi Transport Corporation & another1. If the same is applied, the total loss of dependency works out to Rs.30,97,331/- {Loss of dependency to the family of the deceased i.e., Rs.2,38,256/- X 1 (2009) (6) SCC 121 2 '13' (Multiplier)}. However, the Claims Tribunal by oversight awarded Rs.20,25.000/- under the head of loss of dependency. Hence, the petitioners requested the Court to review of the judgment and decree of the Tribunal.
3. The Claims Tribunal, by docket order, dated 14.09.2022, dismissed the said application holding that the amount of compensation awarded by the Tribunal is higher than the amount claimed by the petitioners/claimants and that the petition for review is a belated one.
4. Aggrieved by the aforesaid docket order, the petitioners/claimants preferred the present revision, inter alia, contending that the Claims Tribunal has committed material illegality and irregularity in dismissing the application filed by the petitioners for review of the judgment and decree dated 11.04.2022 passed in O.P.No.77 of 2018 and that there is a typographical error in calculation of the loss of dependency and also in applying the correct multiplier. Therefore, the petitioners requested this Court to set aside the impugned docket order of 3 the Claims Tribunal and review the judgment and decree of the Tribunal passed in O.P.No.77 of 2018.
5. Heard the learned Counsel appearing on either side and perused the record.
6. A perusal of the judgment of the Claims Tribunal passed in O.P.No.77 of 2018 dated 11.04.2018 would disclose that there is an error apparent on the face of record regarding application of appropriate multiplier and computation of loss of dependency to the family of the deceased.
7. In the instant case, the deceased was aged 47 years on the date of accident. The Claims Tribunal has applied the multiplier of '12' for arriving at loss of dependency to the family of the deceased. However, as per the guidelines laid down by the Apex Court in Sarla Verma's case (1 supra) for the age group of 46 to 50 years, the correct multiplier to be applied is '13'. The Tribunal, in my view, has erred in not applying the correct multiplier to arrive at loss of dependency to the family of the deceased. Applying the multiplier of '13' to the loss of 4 dependency of Rs.2,38,256/- per annum, as fixed by the Claims Tribunal, the total loss of dependency to the family would come to Rs.30,97,331/- [(Rs.2,38,256/- X '13' (Multiplier)]. The rest of the amounts awarded, under the other heads i.e., Rs.15,000/- towards funeral expenses and Rs.2,00,000/- towards loss of consortium, by the Claims Tribunal shall remain unaltered. Thus, the petitioners/claimants are entitled to total compensation of Rs.33,12,331/- towards compensation.
8. Accordingly, the C.R.P. is allowed by setting aside the impugned order, dated 14.10.2022, passed in I.A.No.612 of 2022. Further, the judgment and decree, dated 11.04.2022, passed in O.P.No.77 of 2018 is modified by enhancing the compensation amount awarded by the Tribunal from Rs.22,40,000/- to Rs.33,12,331/-, payable by respondents 1 to 3 jointly and severally. The enhanced amount shall carry interest at 7.5% per annum from the date of order passed by the Tribunal till the date of realization. Respondent No.3 is directed to deposit the amount along with accrued interest within a period of two months from the date of receipt of a copy of this order. The 5 enhanced amount shall be apportioned among the petitioners/ claimants in the same proportion in which original compensation amounts were directed by the Tribunal. Further, the claimants are directed to pay Deficit Court Fee on the enhanced amount. There shall be no order as to costs.
Miscellaneous petitions, if any, pending, shall stand closed.
_______________________ JUSTICE P.SREE SUDHA 17.02.2023 Gsn