Sushma Singh & Ors. vs D.T.C. & Ors.
2009 Latest Caselaw 5230 Del

46
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                     +      FAO No.128/2002

                            Date of Decision: 15th December, 2009
%

      SUSHMA SINGH & ORS.               ..... Appellants
                   Through : Mr. D.K. Sharma, Adv.

                   versus

      D.T.C. & ORS.                           ..... Respondents
                         Through : Mr. Ataul Haque, 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.3,00,632/- has

been awarded to the appellants. The appellants seek

enhancement of the award amount.

2. The accident dated 22nd July, 1998 resulted in the death

of Gitender Kumar Singh. The deceased was survived by his

widow, two daughters, a son and father who filed the claim

petition before the learned Tribunal.

3. The deceased was aged 34 years at the time of the

accident and was earning Rs.3,500/- per month. The learned

Tribunal took the future prospects into consideration,

deducted Rs.1,556/- towards personal expenses and applied

the multiplier of 13 to compute the loss of dependency at

Rs.5,76,264/-. Rs.25,000/- has been awarded towards loss of

estate, loss of consortium and loss of funeral expenses. Out

of the total compensation of Rs.6,01,264/-, the learned

Tribunal deducted 50% towards contributory negligence of

the deceased and awarded the remaining 50% i.e.

Rs.3,00,632/- to the appellants.

4. The learned counsel for the appellants have urged the

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

(i) The finding of the learned Tribunal with respect to

the contributory negligence be set aside.

(ii) The multiplier be enhanced from 13 to 16.

(iii) The personal expenses of the deceased be

reduced from 1/3rd to 1/4th.

(iv) The compensation be awarded for loss of love and

affection.

5. With respect to the finding of the learned Tribunal

towards contributory negligence, it is noted that that the

deceased was travelling in DTC Bus bearing No.DEP-9855

while coming from Shivaji Stadium to Karol Bagh. The

deceased wanted to get down at Gurudwara Road and he

requested the driver to stop the bus. The driver slowed

down the bus and asked the deceased to get down.

However, the deceased fell down and was crushed under the

rear wheel of the bus. The eye-witness, PW-3 deposed that

the accident occurred due to the rash and negligent driving

by the driver of the bus. The driver of the DTC Bus appeared

in the witness box as RW-1 and deposed that the deceased

jumped from the front gate of the moving bus and was,

therefore, responsible for the accident. The learned Tribunal

held the deceased to be 50% contributory negligent with

respect to the accident. The finding of the contributory

negligence is upheld. However, attributing 50% negligence

to the deceased is not proper in the facts and circumstances

of the case. Considering that the deceased got down from

the front gate of the bus and the driver could have avoided

the accident by either closing the door of the bus or by

stopping the bus, the negligence of the deceased is held to

be 20% and, therefore, the amount is liable to be reduced by

20%.

6. The deceased was aged 34 years at the time of the

accident and the appropriate multiplier according to the

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

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

Scale 129 is 16. The multiplier is, therefore, enhanced from

13 to 16.

7. The learned Tribunal has deducted Rs.1,556/- towards

personal expenses of the deceased. The deceased has left

behind five dependants and, therefore, the appropriate

deduction according to the recent judgment of the Hon'ble

Supreme Court in the case of Sarla Verma (supra) is 1/4th.

The personal expenses of the deceased are, therefore,

reduced to 1/4th.

8. The learned Tribunal has not awarded any

compensation for loss of love and affection. Rs.10,000/- is

awarded for loss of love and affection.

9. Taking the income of the deceased to be Rs.5,250/- per

month, deducting 1/4th towards personal expenses and

applying the multiplier of 16, the loss of dependency is

computed to be Rs.7,56,000/- (Rs.5,250 x 12 x 16 x 3/4).

Adding Rs.25,000/- towards loss of estate, loss of consortium

and funeral expenses and Rs.10,000/- towards loss of love

and affection, the total compensation is computed to be

Rs.7,91,000/- (Rs.7,56,000 + Rs.25,000 + Rs.10,000). 20%

is deducted towards contributory negligence of the deceased

and the compensation payable to the appellants is computed

to be Rs.5,97,800/-.

10. The appeal is allowed and the award amount is

enhanced from Rs.3,00,632/- to Rs.5,97,800/-. The learned

Tribunal has awarded interest @9% per annum which is not

disturbed on the original award amount of Rs.3,00,632/-.

However, on the enhanced award amount, the rate of

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

the petition till realization.

11. The enhanced award amount along with interest be

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

Court Branch A/c Sushma Singh 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.

12. The order with respect to the disbursement of the

award amount shall be passed after examining the claimants

who are directed to remain present in Court on the next date

of hearing.

13. List on 3rd February, 2010.

J.R. MIDHA, J

DECEMBER 15, 2009 aj