Delhi High Court
Geeta Singh & Ors. vs Virender & Ors. on 27 August, 2009
Author: J.R. Midha
17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.616/2008
% Date of decision: 27th August, 2009
GEETA SINGH & ORS. ..... Appellants
Through : Mr. Manish Maini, Adv.
versus
VIRENDER & ORS. ..... Respondents
Through : Mr. Abhishek Kumar, 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.16,69,160/- has been
awarded to the appellants. The appellants seek enhancement of
the award amount.
2. The accident dated 30th July, 2006 resulted in the death of
Jitender Singh Chauhan. The deceased was survived by his
widow, two minor children and parents who filed the claim
petition before the learned Tribunal.
3. The deceased was aged 31 years at the time of the accident
and was an electronic engineer. The learned Tribunal deducted
1/3rd towards the personal expenses of the deceased and applied
the multiplier of 13 to compute the loss of dependency at
Rs.16,29,160/-. Rs.15,000/- has been awarded towards loss of
estate, funeral expenses and transportation of dead body.
Rs.10,000/- has been awarded towards loss of consortium and
Rs.15,000/- has been awarded towards loss of love and affection.
The total compensation awarded is Rs.16,69,160/-
4. The learned counsel for the appellant has urged the
following grounds at the time of hearing of this appeal.
(i) The multiplier be enhanced from 13 to 16.
(ii) The personal expenses of the deceased be reduced
from 1/3rd to 1/4th.
5. It is well settled by the recent judgment of the Hon'ble
Supreme Court in the case of Sarla Verma Vs. Delhi Transport
Corporation, 2009 (6) Scale 129 that the appropriate
multiplier at the age of 31 years is 16 and 1/4th has to be
deducted towards the personal expenses of the deceased, who
has left behind five legal representatives.
6. Following the aforesaid judgment of the Hon'ble Supreme
Court, the multiplier is enhanced from 13 to 16 and the personal
expenses of the deceased are reduced from 1/3rd to 1/4th.
Applying the multiplier of 16 and taking the personal expenses of
the deceased to be 1/4th, the loss of dependency is computed to
be Rs.22,55,760/- (Rs.1,87,980 X 3/4 X 16). Adding Rs.15,000/-
towards the towards loss of estate, funeral expenses,
transportation of dead body and Rs.10,000/- towards loss of
consortium and Rs.15,000/- towards the loss of love and
affection, the total compensation is computed to be
Rs.22,95,760/- (Rs.22,55,760 + Rs.15,000 + Rs.10,000 +
Rs.15,000).
7. The appeal is allowed and the award amount is enhanced
from Rs.16,69,160/- to Rs.22,95,760/- along with interest @ 7.5%
per annum from the date of filing of the petition till realization.
8. The enhanced amount be deposited by respondent No.3
with UCO Bank, Delhi High Court Branch within 30 days.
9. The order with respect to the disbursement of the award
amount shall be passed after examining the appellants who are
directed to remain present in Court on the next date of hearing.
10. List for directions on 27th October, 2009.
11. Copy of this order be given 'Dasti' to learned counsel for
both the parties under the signature of Court Master.
12. Copy of this order be also sent to Mr. M.M. Tandon, Member-
Retail Team, UCO Bank Zonal, Parliament Street, New Delhi
(Mobile No. 09310356400) through the UCO Bank, High Court
Branch under the signature of Court Master.
J.R. MIDHA, J
AUGUST 27, 2009
mk
