Ghan Sham Dass & Ors. vs Shanker & Ors.
2009 Latest Caselaw 1418 Del

33
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                   +     FAO No.187/2003

                                Date of Decision: 16th April, 2009
%
      GHAN SHAM DASS & ORS.                ..... Appellants
              Through : Mr. Santosh Kumar Chauriha and
                        Mr. K. Pramod, Advs.

                       versus

      SHANKER & ORS.                      ..... Respondents
               Through : Mr. D.K. Sharma, 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 Tribunal whereby the compensation of Rs.2,04,600/-

has been awarded by the learned Tribunal.

2. The accident dated 19th November, 1991 resulted in the

death of Radha Rani aged 41 years working as a midwife

earning Rs.1,500/- per month. The deceased was survived

by her husband, two sons and a daughter who filed the claim

petition before the learned Tribunal.

3. The learned Tribunal awarded Rs.2,04,600/- to the

claimants/appellant Nos.1 to 4. The learned Tribunal took the

income of the deceased at RS.1,500/- per month. 30% was

deducted towards the personal expenses of the deceased

and the dependency of the appellants was taken to be

Rs.1,050/- per month. The learned Tribunal assessed the

value of services rendered by the deceased to her family at

Rs.500/- per month. The total dependency per month was

taken to be Rs.1,550/- per month. The learned Tribunal

applied the multiplier of 11 and the total compensation was

computed at Rs.2,04,600/-.

4. The learned counsel for the appellants has raised the

following grounds for enhancement of the award amount: -

(i) The value of service of the deceased towards her

family be taken at Rs.3,000/- instead of Rs.500/-.

(ii) The multiplier be enhanced from 11 to 15.

(iii) The compensation for loss of consortium be

awarded to appellant No.1.

(iv) The compensation for loss of love and affection be

awarded to appellant Nos.1 to 4.

(v) The funeral expenses be also awarded to the

appellants.

5. With respect to the value of the services of the

deceased, the learned Tribunal has taken the same to be

Rs.500/- considering that she was working as a midwife and

was earning Rs.1,500/- per month. There is no infirmity in

the finding of the learned Tribunal in taking the value of

services at Rs.500/- considering that she was earning and

her income had been taken to compute the loss of

dependency of the appellants.

6. With respect to the multiplier, the learned counsel for

the appellant submits that the Second Schedule provides the

multiplier of 15 considering the age of the deceased to be

41. However, the learned Tribunal has applied the multiplier

of 11 considering that the husband was working as a TGT

teacher and was earning a handsome salary and, therefore,

he could not be dependent upon the wife who was earning a

meager amount of Rs.1,500/-. The learned Tribunal further

noted that two sons were working and with respect to the

daughter also there was no evidence that she was financially

dependent on the deceased. Considering these factors, the

learned Tribunal applied the multiplier of 11 against the

multiplier of 15 provided in the Second Schedule of the Motor

Vehicles Act.

7. I am of the view that even though the income of the

deceased wife was very meager, i.e., Rs.1,500/- per month

but the income of both the parents is utilized in the family to

meet the expenses. The daughter was unmarried and

presumed to be dependent upon both the parents for her

upbringing and for her marriage. So far as the husband and

two sons are concerned even if they are taken to be not

dependent upon the mother, the income of the mother would

certainly be added to the estate and the compensation would

be treated as loss to the estate.

8. In any view of the matter, the limited issue is whether

the multiplier of 11 is appropriate or multiplier of 15 should

be applied according to the Second Schedule of the Motor

Vehicles Act. The Insurance Company has not challenged

the computation of compensation on the basis of the

multiplier of 11 applied by the learned Tribunal and there is

no challenge that no compensation be awarded on the

ground that the appellants were not dependent upon the

deceased.

9. Considering the facts and circumstances of this case

and also that the Apex Court has adopted the lower

multiplier in some cases, the multiplier of 14 is appropriate in

the present case.

10. The learned Tribunal has not awarded any

compensation to the appellants towards loss of consortium,

loss of love and affection and funeral expenses which are

non-pecuniary damages payable in respect of the death of a

person. In Mohinder Kaur vs. Hira Nand Sindhi, 2007

ACJ 2123, the Apex Court has awarded interest @9% per

annum on the compensation of Rs.50,000/- towards loss of

consortium relating to the accident of 1982. The Madras

High Court in the case of United India Insurance Co. Ltd.

vs. Sulochana, III (2007) ACC 50 (DB), has awarded

Rs.50,000/- towards loss of consortium and Rs.25,000/- to

each of the claimants towards loss of love and affection. This

Court has also awarded Rs.50,000/- towards loss of

consortium in the case of New India Assurance Co. Ltd.

Vs. Amresh Kumar, 2005 ACJ 538.

11. Considering the facts and circumstances of this case, I

award Rs.50,000/- towards loss of consortium to appellant

No.1 and Rs.15,000/- to each of the appellants towards loss

of love and affection. I further award Rs.5,000/- towards

funeral expenses of the deceased. The total compensation

computed on the aforesaid basis is Rs.3,75,400/- (Rs.18,600

X 14 + Rs.50,000 + Rs.15,000 + Rs.15,000 + Rs.15,000 +

Rs.15,000 + Rs.5,000/-).

12. The learned Tribunal has awarded interest @ 9% per

annum. The rate of interest on the original award amount of

Rs.2,04,600/- from the date of filing of the petition till

payment is not disturbed. However, on the enhanced

amount the appellants shall be entitled to interest @ 7.5%

per annum from the date of filing of the petition till

realization.

13. The appeal is allowed and the compensation is

enhanced from Rs.2,04,600/- to Rs.3,75,400/-. The enhanced

amount be deposited by respondent No.3 with the learned

Tribunal within 30 days. The shares of appellants in the

enhanced amount shall be as under:-

      Appellant   No.1       :    55%
      Appellant   No.2       :    15%
      Appellant   No.3       :    15%
      Appellant   No.4       :    15%




 14.   The    learned   Tribunal   shall   release   50%   of    the

respective shares of the appellants out of the enhanced

amount along with interest thereon to the appellants. The

remaining 50% of the respective shares of the appellants be

kept in fixed deposit for a period of five years on which the

periodical interest be paid to them. However, no loan or

advance be sanctioned to the appellants without prior

permission of the learned Tribunal.

15. Copy of this order be given 'Dasti' to learned counsel

for both the parties under signatures of Court Master.

J.R. MIDHA, J

APRIL 16, 2009 mk