Irfan Khatoon & Anr vs Hariom Saxena & Anr
2009 Latest Caselaw 5192 Del

41
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                     +    MAC.APP.No.78/2009

                              Date of Decision: 14th December, 2009
%

      IRFAN KHATOON & ANR               ..... Appellants
                   Through : Mr. O.P. Mannie, Adv.

                     versus

      HARIOM SAXENA & ANR              ..... Respondents
                   Through : Ms. Suman Bagga, 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.1,52,000/-

has been awarded to the appellants. The appellants seek

enhancement of the award amount.

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

of Mohd. Shakeel. The deceased was survived by his parents

who filed the claim petition before the learned Tribunal.

3. The deceased was aged 30 years at the time of the

accident. The learned Tribunal took the minimum wages of

Rs.3,300/- per month into consideration, deducted 1/3rd and

applied the multiplier of 5 to compute the loss of dependency

at Rs.1,32,000/-. Rs.20,000/- has been awarded towards loss

of consortium, loss of love and affection and funeral

expenses. The total compensation awarded is Rs.1,52,000/-.

4. The learned counsel for the appellants have urged the

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

(i) The multiplier be enhanced from 5 to 11

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

5. The appellant was aged 55 years at the time of death of

her son and the appropriate multiplier according to the

schedule of the Motor Vehicles Act at the age of 55 years is

11. The multiplier is, therefore, enhanced from 5 to 11.

6. The learned Tribunal has not awarded any

compensation for loss of estate. Rs.2,500/- is awarded

towards loss of estate. The appellant is entitled to the total

compensation of Rs.3,12,900/- [(Rs.3,300 x 2/3 x 12 x 11) +

Rs.20,000 + Rs.2,500].

7. The appeal is allowed and the award amount is

enhanced from Rs.1,52,000/- to Rs.3,12,900/- along with

interest @7% per annum.

8. The enhanced award amount along with interest be

deposited by respondent No.2 with UCO Bank, Delhi High

Court Branch A/c Irfan Khatoon 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.

9. Upon the aforesaid deposit being made, UCO Bank is

directed to release 50% of the same to the appellant. The

remaining amount be kept in fixed deposit for 1½ years.

10. Dasti.

J.R. MIDHA, J

DECEMBER 14, 2009 aj