Puppy & Ors vs Sri Bhagwan & Ors
2009 Latest Caselaw 3083 Del

34
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                    +       FAO.No.448/1999

                                  Date of Decision: 10th August, 2009
%

      PUPPY & ORS                    ..... Appellants
                         Through : Mr. A.K. Mishra, Adv.

                   versus

      SRI BHAGWAN & ORS                    ..... Respondents
                  Through :              Ms. Ritu Bhardwaj, 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 compensation of Rs.2,25,000/- has

been awarded to the appellants. The appellants seek

enhancement of the award amount.

2. The accident dated 22nd March, 1993 resulted in the

death of Billoo. The deceased was survived by his widow,

two sons, one daughter and parents who filed the claim

petition before the learned Tribunal.

3. The deceased was working with the Municipal

Corporation of Delhi as Baildar. The salary of the deceased

was proved by salary certificate - Ex.PW1/A for the month of

March, 1993 whereby salary of Rs.1,889/- was paid for the 22

days of March, 1993. The learned Tribunal deducted 1/3 rd

towards personal expenses of the deceased and applied the

multiplier of 15 to compute the loss of dependency at

Rs.2,25,000/-. No compensation has been awarded towards

loss of consortium, loss of love and affection, loss of estate

and funeral expenses.

4. The learned counsel for the appellant submits that the

salary of Rs.1,889/- per month is for 22 days of March, 1993

and the monthly salary of the deceased be computed by

adding the salary of nine days. The learned counsel for the

appellant seeks addition in the salary towards future

prospects. The learned counsel further submits that the

deceased left behind six legal representatives and was aged

30 years at the time of the accident and, therefore, the

personal expenses of the deceased be reduced from 1/3 rd to

1/4th and the multiplier of 17 be applied. The learned

counsel for the appellant further seeks the non-pecuniary

compensation towards loss of consortium, loss of love and

affection, loss of estate and funeral expenses.

5. The salary of the deceased according to the salary

certificate - Ex.PW1/A for 22 days of March, 1993 is

Rs.1,889/-. The proportionate salary of nine days would be

Rs.773/-. The total monthly salary of the deceased is taken

to be Rs.2,662/- (Rs.1,889 + Rs.773). According to the

recent judgment of the Hon'ble Supreme Court in the case of

Sarla Verma Vs. Delhi Transport Corporation, 2009 (6)

Scale 129, 50% of the salary has to be added towards the

future prospects, 1/4th has to be deducted towards the

personal expenses in case of six dependant family members

and the multiplier of 17 has to be applied for the age of 30

years. Following the aforesaid judgment of the Hon'ble

Supreme Court, 50% of the salary is added towards the

future prospects, 1/4th is deducted towards the personal

expenses of the deceased and the multiplier of 17 is applied

to compute the loss of dependency at Rs6,10,929/-

[(Rs.2,662 + Rs.1,331) x 3/4 x 12 x 17]. Rs.10,000/- is

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

towards loss of consortium, Rs.10,000/- towards loss of

estate and Rs.5,000/- towards funeral expenses. The total

compensation is computed to be Rs.6,45,929/- (Rs.6,10,929

+ Rs.10,000 + Rs.10,000 + Rs.10,000 + Rs.5,000).

6. The appeal is allowed and the award amount is

enhanced from Rs.2,25,000/- to Rs.6,45,929/-. The learned

Tribunal has awarded interest @10% per annum which is not

disturbed on the original award amount of Rs.2,25,000/-.

However, on the enhanced award amount, the rate of

interest shall be 7.5% from the date of filing of the petition

till realization.

7. The respondents are directed to deposit the enhanced

award amount along with interest with the UCO Bank of this

Court within 30 days. The deposit be made by means of a

cheque drawn in the name of UCO Bank A/c Smt. Puppy and

be handed over to Mr. M.M. Tandon, Member-Retail Team,

UCO Bank Zonal, Parliament Street, New Delhi (Mobile No.

09310356400).

8. The order with respect to disbursement of the award

amount shall be passed on 5th October, 2009 after hearing

the claimants. The claimants/respondents are directed to

remain present in the Court on the next date of hearing.

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

for the parties under the signature of Court Master.

J.R. MIDHA, J

AUGUST 10, 2009 aj