Tilak Raj Lamba & Ors. vs Oriental Insurance Co.Ltd.
2009 Latest Caselaw 5113 Del

15
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +   MAC.APP.No.486/2008

                               Date of Decision: 9th December, 2009
%

      TILAK RAJ LAMBA & ORS.                 ..... Appellants
                     Through : Mr. Pankaj Kumar Deval,
                               Adv. for R-1 and 2.

                      versus

      ORIENTAL INSURANCE CO.LTD.         ..... Respondent
                    Through : Mr. R.N. Sharma, Adv.


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.2,52,040/- has

been awarded to them. The appellants seek enhancement of

the award amount.

2. The accident dated 23rd January, 2006 resulted in the

death of Kapil Lamba. The deceased was survived by his

parents who filed the claim petition before the learned

Tribunal

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

accident and was carrying on his own business in the name

and style of M/s KAPS.

4. It was claimed that the deceased was earning

Rs.12,000/- to Rs.16,000/- per month. The income was

sought to be proved by the Income Tax Return - Ex.PW1/5

for the assessment year 2006-07 according to which the

income from the business was Rs.1,39,880/- but this return

was filed after the death of the deceased. The Income Tax

Returns for the previous three years were also placed on

record but there is no income from business in those returns.

The learned Tribunal, therefore, took the income of the

deceased at the time of the accident to be Rs.3,926/- per

month on the basis of minimum wages. The increase in

minimum wages were taken into consideration and the

income of the deceased for computation of compensation

was taken at Rs.5,889/- per month. The learned Tribunal

deducted 1/2 towards personal expenses of the deceased

and applied the multiplier of 8 to compute the loss of

dependency at Rs.2,12,040/-. Rs.10,000/- has been awarded

towards funeral expenses and Rs.30,000/- towards loss of

love and affection. The total compensation awarded is

Rs.2,52,040/-.

5. The learned counsel for the appellant has urged the

following grounds at the time of hearing of this appeal:-

(i) The income of the deceased be taken to be

Rs.1,39,880/- as per the Income Tax Return -

Ex.PW1/5.

(ii) The multiplier be enhanced from 8 to 11.

(iii) The compensation be awarded for loss of estate.

6. With respect to the income of the deceased, Ex.PW1/5

cannot be relied upon as the same was filed after the death

of the deceased and it has not been corroborated by any

evidence of the proof of income of the deceased such as the

balance sheet and profit/loss account. The Income Tax

Returns for previous three years do not show any income of

the deceased from business or profession. However,

considering that the deceased was holding a diploma from

NIIT and was carrying on the business and was filing the

Income Tax Return for the last three years before his death,

the income of the deceased is taken to be Rs.7,500/- instead

of Rs.5,889/-, 1/2 is deducted towards personal expenses of

the deceased. The learned Tribunal has applied the

multiplier of 8 whereas the appropriate multiplier according

to the judgment of the Hon'ble Supreme Court in the case of

Sarla Verma Vs. Delhi Transport Corporation, 2009 (6)

Scale 129 is 11 considering the age of the mother to be 54

years. Applying the multiplier of 11, the loss of dependency

is computed to be Rs.4,95,000/- (Rs.7,500 x 1/2 x 12 x 11).

7. The learned Tribunal has not awarded any

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

towards loss of estate. The appellants are entitled to total

compensation of Rs.5,45,000/- (Rs.4,95,000 + Rs.10,000/-

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

affection + Rs.10,000/- towards funeral expenses).

8. The appeal is allowed and the award amount is

enhanced from Rs.2,52,040/- to Rs.5,45,000/- along with

interest @7.5% per annum from the date of filing of the

petition till realization.

9. The enhanced award amount along with interest be

deposited by respondent No.1 with UCO Bank, Delhi High

Court Branch A/c Saroj Lamba by means of a cheque through

Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal,

Parliament Street, New Delhi (Mobile No. 09310356400)

within 30 days.

10. Upon the aforesaid amount being deposited, UCO Bank

is directed to release 50% of the same to appellants No.1

and 2 by transferring the same to their joint Saving Bank

Account.

11. The remaining 50% amount be kept in fixed deposit in

the joint names of appellants No.1 and 2 for a period of two

years with cumulative interest.

12. Copy of this order be given 'Dasti' to learned counsel

for the parties under the signature of Court Master.

J.R. MIDHA, J

DECEMBER 09, 2009 aj