Delhi High Court
Smt. Harsh Syal And Anr. vs Asha Rani Syal And Ors. on 2 November, 2004
Equivalent citations: I (2005) ACC 11
Author: R Sodhi
Bench: R Sodhi
JUDGMENT
R.S. Sodhi, J.
1. CM. 8/2003:
This is an application for condensation of delay in filing the appeal. Delay condoned. The application is disposed of.
2. FAO 7/2003:
This appeal is directed against the judgment dated 6.4.2002 of the Motor Accident Claims Tribunal in Suit No.407/94 whereby the Tribunal has awarded a sum of Rs.9,20,000/- on account of death of Sanjay Syal being involved in an accident on 1.5.1994 while driving on his motor cycle.
3. Brief facts of the case as noted by the Motor Accident Claims Tribunal are as follows:-
''The case of P1 who is the wife, P2 who is the son and P3 and P4 who are the parents of late Shri Sanjiv Sayal is that on 1.5.94 at about 11.40 a.m. Sanjiv Sayal was traveling on his motor cycle no.DL-4S-7375 and waiting for the green signal at the Dist. Centre red light crossing within the jurisdiction of P.S.Vikas Puri, Delhi. It is stated that R1 came driving the red line bus no.DL-1P-0818 plying on route no.851 sharply, rashly and negligently at a high speed and hit Sanjiv Sayal from behind. It is stated that after hitting his motorcycle R1 hit another bus no.DL-1P-2018 which was coming from Tilak Nagar side and going to Uttam Nagar on its right path. It is stated that the impact was so high that Sanjit Sayal was thrown to the other part of the crossing as a result of which he died at the spot. It is stated that R1 did not stop the bus at or near the place of accident and after driving the bus to quite a distance he ran away from the spot. It is stated that he was however arrested by the Vikas Puri police later on. It is tated that on the date of his death the deceased was 32 years of age and he was qualified B.Sc. Enginner. It is stated that previously he was employed with Kirloskar, a reputed Co., was drawing Rs.4650/- p.m. It is stated that the deceased resigned for starting his own business for better prospects and much more income. It is stated that the deceased had a monthly income of Rs.10,000/- approx. and he was assessed to income tax. It is stated that the deceased was the only bread earner for the entire family and he was contributing major portion of his income for the welfare, upkeep and maintenance of his parents, wife and children and that he was an enterprising man and was bound to get further rise in his business in due course of time and his income would have increased . R2 and R3 have been imp leaded as the owner and the insurer of bus no.D-1P-0818 respectively. The petitioners have claimed Rs.50 lacs as compensation under the different heads.
R1 has been proceeded ex-parte.
In its WS, R2 has admitted that it is the owner of vehicle no.DL-1P-0818 and R1 Dharmender Kr. was the driver on the said vehicle. It is also admitted that the said bus was insured with R3, Ins.Co. Vide policy no.272411/106/00000/31/94/02785 for the period 22.11.93 to 21.11.94. It is, however, stated that R1 did not cause the accident with bus no.DL-1P-0818. The other averments made in the petition have been denied.''
4. It is contended by counsel for the appellant that the deceased was about 32 + years of age and had a wife much younger to him. He claims that a multiplier of 17 ought to have been applied.
5. Counsel for the Insurance Company strongly opposes this contention and submits that as it is the award is much high and that there is no positive evidence that the deceased was 321/2 years of age. He submits that the multiplier as awarded by the Tribunal is just and fair.
6. Heard counsel for the parties and perused the judgment under challenge. It appears to me that there is no proof of age of the wife of the deceased but there is some mention of the age of the deceased being about 321/2 years of age. In view of the indefinite position regarding age of the deceased it can safely be taken that he was between 35 and 40 years of age. Consequently, he would be entitled to a multiplier of 16. The award under challenge is,therefore, modified accordingly.
7. The matter is remanded to the Motor Accident Claims Tribunal to re-calculate the amount to be awarded in view of the observation made herein. The enhanced award shall carry an interest of 9% with effect from the date of this order. The Insurance Company is directed to deposit the enhanced amount so calculated by the Motor Accident Claims Tribunal within four weeks from today. The enhanced amount shall be disbursed to the claimants in accordance with the apportionment made by the Motor Accident Claims Tribunal. FAO 7/2003 is disposed of.
8. The parties are directed to appear before the Tribunal on 13th December, 2004
9. A copy of this judgment be given dusty to counsel for the parties.
