Bedo Devi & Ors vs Jagat Singh & Ors
2009 Latest Caselaw 479 Del

5
*          IN THE HIGH COURT OF DELHI AT NEW DELHI

+                        MAC APP.No.52/2009

                         Date of decision:11th February, 2009
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       BEDO DEVI & ORS                     ..... Appellants
                     Through : Mr. Manish Maini, Adv.

                     versus


       JAGAT SINGH & ORS                  ..... Respondents
                     Through : Mr. Amit Kumar Pandey, Adv.
                               for R - 3.

CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.         Whether Reporters of Local papers may
           be allowed to see the Judgment?

2.         To be referred to the Reporter or not?

3.         Whether the judgment should be
           reported in the Digest?

J.R. Midha, J. (Oral)

CM No.1256/2009 (Delay)

1. For the reasons stated in the application, the delay in

refiling of the appeal is condoned.

2. The application stands disposed of.

MAC.APP. No.52/2009

1. Issue notice to respondent No.3 only.

2. Mr. Amit Kumar Pandey, Advocate accepts notice on

behalf of respondent No.3.

3. With the consent of the parties, the appeal is heard

finally.

4. This case relates to the death of Mr. Charan Pal Singh

aged about 55 years at the time of his death. The deceased

left behind his wife, four children and his father.

5. By taking the salary of the deceased and deducting the

1/3rd towards personal expenses and applying the multiplier of

8, the Learned Tribunal has awarded Rs.13,77,152/- towards

compensation for loss of dependency, Rs.14,835/- towards

medical expenses, Rs.12,500/- for love and affection and loss

of estate, Rs.2,000/- for funeral expenses and Rs.5,000/-

towards loss of consortium, making total of Rs.14,11,487/-.

6. The learned counsel for the appellant submits that the

compensation awarded for love and affection, loss of estate

and loss of consortium is extremely low considering the recent

judgments. Learned counsel for the appellant further submits

that the personal expenses of the deceased should have been

taken at 1/5th instead of 1/3rd as the deceased left behind six

legal representatives. Another ground of challenge is that the

CCA (City Compensatory Allowance) of Rs.300/- should not

have been deducted from the income of the deceased for

computing the compensation. Lastly, it is submitted that the

future prospects of the deceased have not been taken into

consideration.

7. Learned counsel for respondent No.3 submits that out of

the six legal representatives of the deceased, all the four sons

of the deceased were major and two of them were even

married and, therefore, the deduction of 1/3 rd is fair and

reasonable.

8. I agree with the contention of learned counsel for

respondent No.3 that deduction of 1/3rd taken by the Learned

Tribunal is fair and reasonable.

9. With respect to the future prospects, it is noted that

deceased was aged 55 years at the time of his death and,

therefore, the Learned Tribunal was right in not taking the

future prospects into consideration.

10. The deduction of CCA (City Compensatory Allowance)

from the income of the deceased also do not appear to be

unreasonable.

11. With respect to compensation for love and affection and

loss of estate, the Tribunal has awarded Rs.12,500/- which is

on a lower side. The compensation of Rs.5,000/- awarded for

loss of consortium is also on a very lower side.

12. Learned counsel for the appellant refers to the judgment

in the case of United India Insurance Company Limited

vs Sulochana, III (2007) ACC 50 (DB) whereby the High

Court awarded Rs.50,000/- towards loss of consortium and

Rs.25,000/- each to the mother and daughter towards love

and affection.

13. I, therefore, hold that the appellants are entitled to

Rs.50,000/- towards love and affection and loss of estate and

Rs.50,000/- towards loss of consortium.

14. The award of the Learned Tribunal is modified by

enhancing the compensation for love and affection and loss of

estate from 12,500/- to Rs.50,000/- and compensation for loss

of consortium from Rs.5,000/- to Rs.50,000/-. The total

compensation comes to Rs.14,93,987/- on which the

appellants are entitled to interest at the rate of 7% from the

date of filing of this appeal till date of award. Since the

appellants have delayed in filing of the appeal, they shall not

be entitled to interest from the date of award of the Learned

Tribunal.

15. The enhanced amount be deposited by respondent No.3

with the Learned Tribunal within one month and the same be

released to the appellants.

16. The appeal stands disposed of.

J.R. MIDHA, J FEBRUARY 11, 2009 mk