Jaswant Singh Sodhi vs Anil Kumar
2009 Latest Caselaw 1752 Del

8
* IN   THE     HIGH      COURT    OF   DELHI      AT    NEW DELHI

                   +      MAC.APP. 558/2008

                               Date of decision: 29th April, 2009
%
       JASWANT SINGH SODHI                       ..... Appellant
                         Through:          Mr. R.K. Goel, Adv.

                   versus

       ANIL KUMAR                               ..... Respondent
                               Through:    Mr. Kapil Chawla, 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 appellant has challenged the award of the learned

Tribunal whereby compensation of Rs.4,06,944/- has been

awarded to the appellants. The appellants seek

enhancement of the award amount.

2. The accident dated 26th December, 2005 resulted in the

death of Kunwar Sodhi aged 19 and half years. The

deceased was survived by his parents and brother who filed

the claim petition before the learned Tribunal.

3. The deceased was engaged in the profession of

teaching tuitions and was earning Rs.8,000/- per month. The

deceased was simultaneously doing Graduation from Delhi

University besides doing GNIIT three-year Graduation Course

from NIIT.

4. The father of the appeared in the witness box as PW-1

and deposed that the deceased was engaged in the

profession of imparting tuitions and was earning

approximately Rs.10,000/-. PW-1 also proved the Income

Tax Return as Ex.PW-1/15 and Ex.PW-1/16 relating to the

financial year 1st April, 2005 to 31st March, 2006 (assessment

year 2006-07) which shows annual income of the deceased

to be Rs.1,02,450/-.

5. The appellants produced the parents of the students

who were taking tuitions from the deceased as PW-2, PW-3

and PW-4. PW-2 deposed that his son was studying in sixth

standard and was taking tuitions from the deceased till his

death and he was paying Rs.1,500/- towards tuition charges

to the deceased. PW-3 deposed that his son was studying in

class sixth and was taking tuitions from the deceased for

which he was paying Rs.1,500/- to the deceased and his

daughter in class eight was also taking tuitions from the

deceased for which he was paying Rs.2,000/- per month as

tuition charges to the deceased. PW-4 deposed before the

learned Tribunal that his daughter in class eight was taking

tuition from the deceased for which he was paying Rs.2,000/-

to the deceased and his son studying in class five was also

taking tuition from the deceased for which he was paying

Rs.1,500/- to the deceased. All the three witnesses were

cross-examined by respondent No.3.

6. The learned Tribunal held that the income of the

deceased was not sufficiently proved by documentary

evidence and, therefore, took the minimum wages of

Rs.3,614/- as the income of the deceased. The future

prospects and increase of minimum wages was also taken

into consideration and the average income was taken to be

Rs.5,421/- by taking the average of Rs.3,614/- and its double.

The learned Tribunal deducted 1/3 towards the personal

expenses of the deceased and applied the multiplier of 8 to

compute the loss of dependency at Rs.3,46,944/-,

Rs.10,000/- was awarded towards funeral expenses and

Rs.50,000/- towards compensation for loss of love and

affection. The total compensation awarded is Rs.4,06,944/-.

7. On considering the entire evidence, this Court is of the

view that the appellants have proved the occupation as well

as the income of the deceased. The father of the deceased

appeared as PW-1 and proved the income of the deceased.

Three parents appeared before the learned Tribunal to prove

the occupation as well as income of the deceased. There is

sufficient evidence on record to prove the occupation as well

as the income of the deceased. The income of the deceased

is, therefore, taken to be Rs.8,520/-. Future prospects are

not allowed on the said income in view of the latest judgment

of the Hon'ble Apex Court in the case of Sarla Verma Vs.

Delhi Transport Corporation 2009 (6) Scale 129

decided on 15th April, 2009. The learned Tribunal has

deducted 1/3 of the personal expenses of the deceased.

Considering that the deceased was unmarried, the proper

deduction is 1/2. The dependency of the appellants is taken

to be half. The learned Tribunal has applied the multiplier of

8 considering the age of the father to be 57 years at the time

of the accident. However, the age of the mother was 52

years at the time of the accident and the appropriate

multiplier according to the age of the mother is 11. The loss

of dependency of the appellants is computed to be

Rs.5,62,320/- (Rs.8,520 x 1/2 x 12 x 11). The compensation

awarded towards loss of love and affection is fair and

reasonable. The total compensation to the appellant is

computed at Rs.6,22,320/- (Rs.5,62,320 + Rs.50,000 +

Rs.10,000).

8. The appeal is, therefore, allowed. The award amount

is enhanced from Rs.4,06,944/- to Rs.6,22,320/- along with

the interest @ 7.5% from the date of filing of the petition till

realization.

9. The enhanced amount along with interest be deposited

by respondent No.3 with the learned Tribunal within 30 days.

Upon such deposit being made, the learned Tribunal is

directed to release the same to the appellants. No

restriction of fixed deposit is being made considering the old

age of the appellants and also that at this age they would be

wise enough to protect and appropriately utilize the

enhanced amount.

9. Copy of the order be given dasti to counsel for both the

parties under the signatures of the Court Master.

J.R. MIDHA, J APRIL 29, 2009 s.pal