Delhi High Court
S.Lata Sekhar & Ors. vs Bhanwar Lal & Ors. on 27 August, 2009
Author: J.R. Midha
36
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO.No.215/2001
Date of Decision: 27th August, 2009
%
S.LATA SEKHAR & ORS. ..... Appellants
Through: Mr. O.P. Mannie, Adv.
versus
BHANWAR LAL & ORS. ..... Respondents
Through: Ms. Manjusha Wadhwa, Adv.
for respondent No.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.4,83,000/- has
been awarded to them. The appellants seek enhancement of
the award amount.
2. The accident dated 22nd August, 1995 resulted in the
death of V.M. Sekhar. The deceased was survived by his
widow, one minor son, one minor daughter and parents, who
filed the claim petition before the learned Tribunal.
3. The deceased was aged 35 years and was working with
Municipal Corporation of Delhi as LDC earning Rs.3,030/- per
month. The learned Tribunal took the future prospects into
consideration and took the income of the deceased for
computation of income of the deceased as Rs.4,500/- per
month. 1/3 was deducted towards personal expenses of the
deceased and the multiplier of 13 was applied to compute
the loss of dependency at Rs.4,68,000/-. Rs.15,000/- has
been awarded towards loss of estate and loss of consortium.
The total compensation awarded is Rs.4,83,000/-.
4. The learned counsel for the appellant has urged the
following grounds at the time of the hearing of this appeal:-
(i) The personal expenses of the deceased be
reduced from 1/3 to 1/4 considering that the
deceased has left behind five dependents.
(ii) The multiplier be enhanced from 13 to 16.
(iii) The compensation be awarded for love and
affection and funeral expenses.
5. It is well settled by the recent judgment of the Hon'ble
Supreme Court in the case of Sarla Verma Vs. DTC 2009
(6) Scale 129 that the appropriate multiplier at the age of
35 is 16 and the personal expenses of the deceased have to
be deducted @ 1/4th of the income where the deceased has
left four to six dependents. Following the aforesaid judgment
of the Hon'ble Supreme Court, personal expenses of the
deceased are reduced from 1/3 to 1/4 and the multiplier is
enhanced from 13 to 16. The learned Tribunal has not
awarded any amount towards loss of love and affection and
funeral expenses. Rs.10,000/- is awarded towards loss of
love and affection and Rs.10,000/- towards funeral expenses.
6. The total compensation to the appellants is computed
as Rs.6,83,000/- [(Rs.4,500 X 3/4 X 12 X 16) + Rs.15,000 +
Rs.10,000 + Rs.10,000].
7. The appeal is allowed and the award amount is
enhanced from Rs.4,83,000/- to Rs.6,83,000/-. The learned
Tribunal awarded interest @ 9% per annum, which is not
disturbed on the original award amount. However, the
interest on the enhanced award amount shall be @ 7.5% per
annum from the date of filing of the petition till date of
realization.
8. The enhanced award amount along with interest be
deposited by respondents No.3 and 5 by means of a cheque
drawn in the name of UCO Bank A/c S.Lata Sekhar within 30
days and the cheque be handed over to Mr. M.M. Tandon,
Member-Retail Team, UCO Bank Zonal, Parliament Street,
New Delhi (Mobile No. 09310356400).
9. The order with respect to the disbursement of the
enhanced award amount shall be passed on the next date of
hearing after examining the appellants who are directed to
remain present on the next date of hearing.
10. List for directions on 29th October, 2009.
11. Copy of this order be given dasti to learned counsel for
both the parties.
J.R. MIDHA, J
AUGUST 27, 2009
s.pal
