Sharmila & Ors. vs Zuber Alam & Anr.
2009 Latest Caselaw 3181 Del

22
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                         +       MAC.APP.619/2008

%                                     Date of decision: 13th August, 2009


      SHARMILA & ORS.           ..... Appellants
                   Through : Mr. Manish Mannie, Adv.

                       versus

      ZUBER ALAM & ANR.         ..... Respondents
                    Through : Mr. Ram Ashray, Adv. for R-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.12,62,800/- has been

awarded to the appellants. The appellants seek enhancement of

the award amount.

2. The accident dated 9th June, 2006 resulted in the death of

Ashok Kumar Dagar. The deceased was aged 36 years at the

time of the accident and was working as clerk with Central Jail,

Ambala earning Rs.7,100/- per month. The learned Tribunal

added 50% income towards the future prospects, deducted 1/3 rd

towards the personal expenses and applied the multiplier of 14 to

compute the loss of dependency at Rs.11,92,800/-. Rs.10,000/-

has been awarded towards funeral expenses, Rs.30,000/- towards

loss of consortium and Rs.30,000/- towards loss of love and

affection. The total compensation awarded is Rs.12,62,800/-.

3. The learned counsel for the appellant has urged two

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

challenge is that the personal expenses of the deceased be

reduced from 1/3rd to 1/4th as the deceased left behind four

dependents. The second ground of challenge is that the

multiplier be enhanced from 14 to 15 considering the age of the

deceased.

4. The Hon'ble Supreme Court in the recent judgment of Sarla

Verma Vs. Delhi Transport Corporation, 2009 (6) Scale 129

has held that the appropriate multiplier at the age of 36 is 15 and

the personal expenses of the deceased should be taken to be

1/4th where the deceased has left behind 4 to 6 dependents.

Following the aforesaid judgment of the Hon'ble Supreme Court,

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

1/4th and the multiplier is enhanced from 14 to 15. Applying the

multiplier of 15 and taking the personal expenses of the

deceased to be 1/4th, the loss of dependency is computed to be

Rs.14,37,750/- (Rs.10,650 x 3/4 x 12 x 15). The appellants are

entitled to the total compensation of Rs.15,07,750/-

(Rs.14,37,750 + Rs.30,000 + Rs.30,000 + Rs.10,000).

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

from Rs.12,62,800/- to Rs.15,07,750/- along with interest @7%

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

6. The enhanced amount along with interest be deposited by

respondent No.2 with the Registrar General of this Court within

30 days.

7. The order with respect to the disbursement of the award

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

appellant No.1. The appellant No.1 is directed to remain present

in the Court on the next date of hearing.

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

parties under the signature of Court Master.

J.R. MIDHA, J

AUGUST 13, 2009 aj