Delhi High Court
Santra Devi & Ors. vs Rajinder Singh Yadav & Ors. on 21 December, 2009
Author: J.R. Midha
56
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.231/2006
Date of Decision: 21st December, 2009
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SANTRA DEVI & ORS. ..... Appellants
Through : Mr. O.P. Mannie, Adv.
versus
RAJINDER SINGH YADAV & ORS. ..... Respondents
Through : Mr. K.L. Nandwani, 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.4,71,970/- has
been awarded to the appellants. The appellants seek
enhancement of the award amount.
2. The accident dated 20th February, 2003 resulted in the
death of Mahinder Singh. The deceased was survived by his
widow, two sons, two daughters and mother who filed the
claim petition before the learned Tribunal.
3. The deceased was aged 50 years at the time of the
accident and was working as a security guard earning
Rs.4,500/- per month. However, in the absence of any
documentary evidence of income, the learned Tribunal took
the minimum wages of Rs.2,785/- per month into
consideration, deducted 1/3rd towards personal expenses of
the deceased and applied the multiplier of 13 to compute the
loss of dependency at Rs.4,34,460/-. Rs.10,000/- has been
awarded towards loss of consortium, Rs.10,000/- towards
loss of love and affection, Rs.10,000/- towards loss of
expectancy of life, Rs.4,000/- towards funeral expenses and
Rs.3,510/- towards medical expenses. The total
compensation awarded is Rs.4,71,970/-.
4. The only ground urged by learned counsel for the
appellants at the time of hearing of this appeal is that the
personal expenses of the deceased be reduced from 1/3rd to
1/4th considering that the deceased has left behind six legal
representatives.
5. It is well settled by the judgment of the Hon'ble
Supreme Court in the case of Sarla Verma Vs. Delhi
Transport Corporation, 2009 (6) Scale 129 that where
the deceased has left behind 4 to 6 legal representatives, the
appropriate deduction towards personal expenses of the
deceased is 1/4th.
6. Following the aforesaid judgment, the personal
expenses of the deceased is reduced from 1/3rd to 1/4th.
7. Taking the income of the deceased Rs.2,785/- per
month, adding 50% towards increase in minimum wages due
to inflation and rise in price index, deducting 1/4 th towards
personal expenses and applying the multiplier of 13, the loss
of dependency is computed to be Rs.4,88,767/- [(Rs.2,785 +
Rs.5,570)/2 x 12 x 13 x 3/4]
8. Adding Rs.10,000/- towards loss of consortium,
Rs.10,000/- towards loss of love and affection, Rs.10,000/-
towards loss of estate, Rs.4,000/- towards funeral expenses
and Rs.3,510/- towards medical expenses, the total
compensation is computed to be Rs.5,26,277.50
(Rs.4,88,767.50 + Rs.10,000 + Rs.10,000 + Rs.10,000 +
Rs.4,000 + Rs.3,510)
9. The appeal is allowed and the award amount is
enhanced from Rs.4,71,970/- to Rs.5,26,277/- along with
interest @7.5% per annum from the date of filing of the
petition till realization. The aforesaid amount shall include
the interim award amount passed by the learned Tribunal.
10. After making the payment of aforesaid amount,
respondent No.3 shall be entitled to recover the said amount
from respondent No.2 in terms of the award of the learned
Tribunal.
11. The enhanced award amount along with interest be
deposited by respondent No.3 with UCO Bank A/c Shanta
Devi through Mr. M.M. Tandon, Member-Retail Team, UCO
Bank Zonal, Parliament Street, New Delhi (Mobile No.
09310356400) within 30 days.
12. Upon the aforesaid amount being deposited, the UCO
Bank is directed to release 50% of the same to appellant
No.1 and the remaining 50% be kept in fixed deposit in the
name of appellant No.1 for a period of one year with
cumulative interest.
13. Copy of this order be given 'Dasti' to learned counsel
for the parties.
J.R. MIDHA, J
DECEMBER 21, 2009
aj
