Neelam Pawar & Ors. vs National Insurance Co. Ltd. & Ors.
2009 Latest Caselaw 3064 Del

12
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                        +      MAC.APP.10/2009

%                                  Date of decision: 7th August, 2009


      NEELAM PAWAR & ORS.                   ..... Appellants
                   Through           Mr. Kundan Kumar, Adv.

                     versus


      NATIONAL INSURANCE CO. LTD. & ORS. ..... Respondents
                    Through Ms. Sonia Sharma, 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 appellants have challenged the award of the learned

Tribunal whereby compensation of Rs.15,68,128/- has been

awarded to the appellants. The appellants seek enhancement of

the award amount.

2. The accident dated 11th April, 2006 resulted in the death of

Namdev Pawar. The deceased was survived by his widow, two

sons and mother who filed the claim petition before the Learned

Tribunal.

3. The deceased was aged 38 years at the time of the accident

and was working as a Constable with Delhi Police. The income of

the deceased at the time of the accident was Rs.11,000/-. The

Learned Tribunal deducted 1/3rd towards the personal expenses

and applied the multiplier of 16 to compute the loss of

dependency at Rs.14,08,128/-. Rs.50,000/- has been awarded

towards the loss of consortium, Rs.50,000/- towards loss of love

and affection and Rs.10,000/- has been awarded towards the

funeral expenses. The total compensation awarded is

Rs.15,68,128/-.

4. The learned counsel for the appellant has urged two

grounds at the time of hearing of this appeal. First ground is that

the learned Tribunal has not taken the future prospects into

consideration. The second ground urged is that the personal

expenses of the deceased should be taken to be 1/4 th instead of

1/3rd.

5. The Hon'ble Supreme Court in the case of Sarla Verma Vs.

Delhi Transport Corporation, 2009 (6) Scale 129 has held that

the claimants are entitled to future prospects by adding 50% of

the salary of the deceased having a permanent job. The Hon'ble

Supreme Court has further held that the personal expenses of the

deceased shall be taken to be 1/4th where the deceased has left

behind more than three legal representatives. Following the

aforesaid judgment, the income of the deceased for computation

of compensation is taken to be Rs.16,500/- (Rs.11,000/- +

Rs.5,500/-). The personal expenses of the deceased are taken to

be 1/4th instead of 1/3rd following the aforesaid judgment.

6. The learned Tribunal has applied the multiplier of 16,

whereas the appropriate multiplier as per the Judgment of the

Hon'ble Supreme Court in the case of Sarla Verma (supra) for

the age group of 36 to 40 is 15. The multiplier is, therefore,

reduced from 16 to 15. The Hon'ble Supreme Court has further

held that the appropriate compensation for loss of consortium is

Rs.10,000/- and therefore, the compensation of Rs.50,000/-

awarded by the learned Tribunal for loss of consortium is reduced

to Rs.10,000/-. The compensation of Rs.50,000/- towards the love

and affection also reduced from Rs.50,000/- to Rs.10,000/-. The

Learned Tribunal has not awarded any compensation for loss of

estate. Rs.10,000/- is awarded for loss of estate.

7. The appellants are entitled to the compensation of

Rs.22,27,500/- by taking the income of the deceased to be

Rs.16,500/-, deducting 1/4th towards the personal expenses of the

deceased and applying the multiplier of 15 (Rs.16,500 x 3/4 x 12

x 15). Adding Rs.10,000/- towards the loss of consortium;

Rs.10,000/- towards the loss of love and affection; Rs.10,000/-

towards the loss of estate and Rs.10,000/- towards the funeral

expenses, the total amount is computed to Rs.22,67,500/-.

8. The appeal is allowed and the award amount is enhanced

from 15,68,128/- to Rs.22,67,500/-. The learned Tribunal has

awarded interest @9% per annum from the date of filing of the

petition till realization. The rate of interest is not disturbed on the

original award amount of Rs.15,68,128/-. However, on the

enhanced award amount, the rate of interest shall be 7.5% from

the date of filing of the petition till the realization.

9. The enhanced award amount along with interest be

deposited by the respondent No.3 in the UCO Bank A/c Ms.

Neelam Pawar. The cheque be drawn in the name of UCO Bank

A/c Ms. Neelam Pawar to be handed over to Mr. M.M. Tandon,

Member-Retail Team, UCO Bank Zonal, Parliament Street, New

Delhi (Mobile No. 09310356400).

10. The order in respect of the aforesaid disbursement of the

award amount shall be passed on the next date of hearing after

hearing the appellants. The appellants are directed to remain

present in the Court on the next date of hearing.

11. List for directions on 6th October, 2009.

12. Copy of this order be given 'Dasti' to learned counsel for the

parties under the signature of Court Master.

J.R. MIDHA, J

AUGUST 07, 2009 aj