Delhi High Court
Mumtaz & Ors vs Muzabar Ali & Ors on 16 April, 2009
Author: J.R. Midha
15
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP. 49/2008
Date of Decision: 16th April, 2009
%
MUMTAZ & ORS ..... Appellants
Through : Mr. Shakeel Ahmed Saifi
and Mr. Islam Khan, Advs.
versus
MUZABAR ALI & ORS ..... Respondents
Through : Mr. Sameer Nandwani, Adv.
for Mr. K.L. Nandwani, Adv.
for R - 3.
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 appellant has challenged the award of the learned
Tribunal whereby the compensation of Rs.4,42,076/- has
been awarded to the appellants. The appellants seek
enhancement of the award amount.
2. The accident dated 16th September, 2002 resulted in
the death of Mr. Abdul Jabbar aged 24 years working as a
carpenter earning Rs.4,500/- per month. The deceased was
survived by his widow, one minor son and one minor
daughter and parents who have filed the claim petition
before the learned Tribunal.
3. The learned Tribunal awarded Rs.4,42,076/- to the
claimants. The learned Tribunal rejected the evidence led by
the appellant relating to the occupation and income of the
deceased on the ground that there was some contradiction in
the statement of the witnesses. The learned Tribunal took
the minimum wages of Rs.3,103/- for a skilled worker to
compute the compensation. 1/3rd amount was deducted
towards the personal expenses of the deceased and the
multiplier of 17 was applied to compute the loss of
dependency at Rs.4,22,076/-. Rs.5,000/- has been awarded
towards funeral expenses, Rs.5,000/- has been awarded
towards loss of estate and Rs.10,000/- has been awarded
towards loss of consortium. No amount has been awarded
towards loss of love and affection.
4. The appellants have challenged this award on the
following grounds:-
(i) The income of the deceased be taken as
Rs.4,500/- per month.
(ii) The future prospects be taken on the aforesaid
income of the deceased.
(iii) The deduction towards the personal expenses be
reduced from 1/3rd to 1/6th considering that the
deceased left behind five dependents.
(iv) Compensation for loss of love and affection be
awarded.
(v) Compensation for loss of consortium be
enhanced.
5. With respect to the occupation and income of the
deceased, the appellant examined the employer of the
deceased who appeared as PW - 3. He is the proprietor of
the firm M/s. Mazahir Hussain carrying on the work of interior
decorator and civil contractor. PW- 3 deposed that that
deceased was working with him as a carpenter from 1st
October, 2000 to 15th September, 2002 and he was drawing
a salary of Rs.4,500/- per month. He further deposed that
the deceased was very hardworking, sincere and was an
expert carpenter. The witness also proved the certificate
Ex.CW3/A which recorded the occupation and income of the
deceased.
6. The occupation and income of the deceased has been
clearly proved from the statement of PW- 3. However, the
learned Tribunal has rejected the said evidence on the
ground that widow of the deceased who appeared as PW- - 1
stated that the deceased was working as a contractor. The
learned counsel for the appellant submits that the widow of
the deceased is an illiterate lady and appears to have mis-
spelt the words contractor instead of carpenter and,
therefore, the variation in statement of PW- 1 has been
sufficiently explained.
7. I agree with the contention of learned counsel for the
appellant. The income of the deceased is taken to be
Rs.4,500/- per month as per the testimony of PW- 3 and
Ex.CW3/A. PW-3 further deposed that the deceased was very
hardworking, sincere and was an expert carpenter. The
future prospects are computed by taking average of
Rs.4,500/- and its double which comes to Rs.6,750/-
[(Rs.4,500 + Rs.9,000)/2].
8. The deceased was survived by his widow aged 24
years, minor son aged 3½ years, minor daughter aged 11
months and parents 66 years and 62 years at the time of the
accident. The deduction of 1/3rd is not a thumb rule.
Deduction towards the personal expenses of the deceased is
taken to be 1/4th instead of 1/3rd. The loss of dependency is
computed as Rs.10,32,750/- (Rs.6,750 x 3/4 x 12 x 17).
9. The learned Tribunal has not awarded any
compensation towards loss of love and affection. Rs.10,000/-
is awarded to the appellants towards loss of love and
affection.
10. The appellants are entitled to total compensation of
Rs.10,62,750/- (Rs.10,32,750 + Rs.10,000 + Rs.10,000 +
Rs.5,000 + Rs.5,000).
11. The appeal is allowed and the compensation is
enhanced from Rs.4,42,076/- to Rs.10,62,750/- along with
interest @ 9% per annum. The rate of interest on the original
award amount of Rs.4,42,076/- from the date of filing of the
petition till payment is not disturbed. However, on the
enhanced amount of Rs.6,20,674/-, the appellants shall be
entitled to interest @ 7.5% per annum from the date of filing
of the petition till realization.
12. Respondent No.3 is directed to deposit the enhanced
amount along with interest thereon with the learned Tribunal
within 30 days. The share of the appellant in the enhanced
award amount shall be as under:-
Appellant No.1 : 60%
Appellant Nos.2 to 5 : 10% each
13. The shares of appellant Nos.4 and 5 be released to
them. The shares of the appellant Nos.2 and 3, who are the
minor children, be kept in a fixed deposit till they attain
majority or for a period of 10 years whichever is later on
which the periodical interest be paid to them. However, no
loan, advance or withdrawal be permitted without permission
to the learned Tribunal.
14. With respect to the share of appellant No.1, 25% of her
share be released to her and the remaining 75% of the
award amount be kept in a fixed deposit for a period of 5
years on which the periodical interest be paid to her.
However, no loan, advance or withdrawal be permitted
without permission of the learned Tribunal.
J.R. MIDHA, J
APRIL 16, 2009
mk
