Rohima Khatoon vs State Of Haryana
2009 Latest Caselaw 3177 Del

18
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                    +      FAO.No.169/1989

                             Date of Decision: 13th August, 2009
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      ROHIMA KHATOON                      ..... Appellant
                   Through : Mr. Manish Mannie, Adv.

                  versus

      STATE OF HARYANA                   ..... Respondent
                    Through : Mr. Yashpal Rangi and
                              Mr. Manjit Singh, Advs.
                              for R-1 and 2.

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.90,000/- has

been awarded to the appellants. The appellants seek

enhancement of the award amount.

2. The accident dated 12th May, 1983 resulted in the

death of Fazlue Rehman. The deceased was survived by his

widow and four minor children who filed the claim petition

before the learned Tribunal.

3. The deceased was aged 30 years at the time of the

accident and was earning Rs.20/- per day. The learned

Tribunal took the income of the deceased to be Rs.500/- per

month and deducted 1/4th towards the personal expenses

and applied the multiplier of 20 to compute the loss of

dependency at Rs.90,000/-. No amount has been awarded

towards loss of consortium, loss of love and affection, loss of

estate and funeral expenses. No interest has been awarded

by the learned Tribunal from the date of filing of the petition

till the date of award.

3. The learned counsel for the appellants has urged only

two grounds at the time of hearing of this appeal. The first

ground of challenge is that the compensation be awarded for

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

and funeral expenses. The second ground of challenge is

that the interest be awarded from the date of filing of the

petition till payment.

4. It is well settled that the claimants are entitled to

compensation towards loss of consortium, loss of love and

affection, loss of estate and funeral expenses and also

interest on the award amount from the date of filing of the

petition till realization. In the case of Sarla Verma Vs.

Delhi Transport Corporation, 2009 (6) Scale 129, the

compensation of Rs.10,000/- has been awarded towards loss

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

However, considering that the accident relates to the year

1983, Rs.5,000/- towards loss of consortium, Rs.5,000/-

towards loss of love and affection, Rs.5,000/- towards loss of

estate and Rs.5,000/- towards funeral expenses is fair and

reasonable. The appellants are entitled to the total

compensation of Rs.1,10,000/- (Rs.90,000 + Rs.5,000 +

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

5. The learned Tribunal has not awarded the interest on

the award amount from the date of filing of the petition.

However, the learned Tribunal has awarded the interest

@12% per annum from the date of the order till realization.

The order of the learned Tribunal is modified and interest is

awarded from the date of filing of the petition till payment.

6. The appeal is allowed and the award amount is

enhanced from Rs.90,000/- to Rs.1,10,000/-. The rate of

interest on the original award amount shall be @12% per

annum from the date of filing of the petition till payment.

However, on the enhanced amount of Rs.20,000/-, the rate of

interest shall be 12% per annum from the date of filing of the

petition till the date of award of the learned Tribunal i.e., 10 th

December, 1988 and thereafter @ 7.5% per annum.

7. The enhanced award amount along with interest

thereon be deposited by respondent No.1 with the Registrar

General of this Court within 45 days. The learned counsel for

the appellants submit that appellant No.1 has expired during

the pendency of the appeal and all the children are now

major. The shares of all the four children shall be equal in

the award amount.

8. The order with respect to the disbursement of the

award amount shall be passed on the next date of hearing

after hearing the appellants.

9. The appellants are directed to remain present in the

Court on the next date of hearing.

10. Renotify on 5th October, 2009.

J.R. MIDHA, J

AUGUST 13, 2009 aj