Dalu Ram & Ors. vs Vinita Beri & Ors.
2009 Latest Caselaw 3417 Del

19
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +       MAC.APP.No.163/2009

%                                    Date of decision: 27th August, 2009


      DALU RAM & ORS.                                  ..... Appellants
               Through:           Mr. Suresh Kr. Sharma and
                                  Mr. Manoj Kumar Sharma, Advs.

                      versus

      VINITA BERI & ORS.                              ..... Respondents
                Through:          Mr. S.L. Gupta and Mr. R.A. Gupta,
                                  Advocates for the Insurance Co.


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.5,53,232/- has been

awarded to the appellants. The appellants seek enhancement of

the award amount.

2. The accident dated 27th November, 2005 resulted in the

death of Narender Sharma. The deceased was survived by his

parents, two unmarried sisters and brother, who filed the claim

petition before the learned Tribunal.

3. The deceased was aged 24 years at the time of the accident

and was working as Supervisor with M/s. Sita Composers Pvt. Ltd.

earning Rs.7,500/- per month. The appellants proved the salary

certificate, Ex.PW-1/1 issued by the employer. The appellants

examined the employer, PW-2, who proved the salary certificate

and also the attendance register. However, learned Tribunal

disregarded the evidence on the ground that the appointment

letter and other records have not been produced before the

learned Tribunal. The learned Tribunal took the minimum wages

into consideration and deducted 1/3 towards personal expenses

of the deceased and applied the multiplier of 11 to compute the

loss of dependency at Rs.5,18,232/-. Rs. 10,000/- has been

awarded towards funeral expenses and Rs.25,000/- towards loss

of love and affection. Total compensation awarded is

Rs.5,53,232/-.

4. The learned counsel for the appellant has urged two

grounds at the time of the appeal. The first ground is that the

income of the deceased should be taken as Rs.7,500/- and future

prospects be taken into consideration. The second ground of

challenge is that the compensation be also awarded for loss of

estate.

5. With respect to the income of the deceased, there is

sufficient evidence on record that the deceased was working as a

Supervisor and was earning Rs.7,500/- per month. The same has

been proved by Ex.PW-1/1 and Ex.PW-2/A and the testimony of

PW-2. The income of the deceased is, therefore, taken to be

Rs.7,500/-. However, the future prospects are not taken into

consideration in view of the recent judgment of the Hon'ble

Supreme Court in the case Sarla Verma Vs. DTC, 2009 (6)

Scale 129.

6. The learned Tribunal has deducted 1/3rd towards personal

expenses of the deceased. However, the appropriate deduction

according to the recent judgment of the Hon'ble Supreme Court

in the case Sarla Verma Vs. DTC (Supra) is 1/2. The personal

expenses of the deceased are increased from 1/3rd to 1/2.

Deducting 1/2 towards personal expenses of the deceased, the

loss of dependency of the appellant is taken to be Rs.3,750/-.

7. The learned Tribunal has applied the multiplier of 11. The

age of mother of the appellant at the time of the accident was 49

years and, therefore, the appropriate multiplier according to the

age of the mother is 13. Taking the income of the deceased to

be Rs.7,500/-, deducting 1/2 towards personal expenses of the

deceased and applying the multiplier of 13, the total

compensation is computed to be Rs.5,85,000/-.

8. The learned Tribunal has not awarded any amount towards

loss of estate. Rs.10,000/- is awarded towards loss of estate. The

total compensation is computed to be Rs.6,30,000/- (Rs.5,85,000

+ Rs.10,000 + Rs.25,000 + Rs.10,000).

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

from Rs.5,53,232/- to Rs.6,30,000/- along with interest @ 7.5%

per annum. The enhanced award amount along with interest be

deposited by respondent No.3 with the learned Tribunal within a

period of 30 days.

10. Upon the said amount being deposited, the learned Tribunal

is directed to release the same to the appellant without any

restriction of fixed deposit.

11. Copy of this order be given dasti to counsel for both the

parties under the signature of the Court Master.

J.R. MIDHA, J AUGUST 27, 2009 s.pal