Delhi High Court
Gian Sharma & Ors. vs Satinder Kumar Ors. on 11 February, 2009
Author: J.R. Midha
14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC APP.No.457-59/2006
Date of decision:11th February, 2009
%
GIAN SHARMA & ORS. ..... Appellants
Through : Mr. O.P. Maini, Adv.
versus
SATINDER KUMAR ORS. ..... Respondents
Through : Mr. Rohit Sinha, Adv. for R - 1 & 2.
Mr. D.K. Sharma, 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)
1. The appellant has challenged the award of the Learned
Tribunal dated 4th April, 2006 whereby the compensation of
Rs.8,53,000/- with 6% interest has been awarded. The
appellants seek enhancement of the award.
2. On 19th January, 2005, the deceased was going on a
motor cycle near Vaishali Tiraya when he was hit by the
offending truck bearing No.UP-14Q-8924 resulting in fatal
injuries and he died on the spot.
3. The deceased was aged 56 years at the time of his
death and was working as Superintendent (Telecom) at IGI
Airport, New Delhi drawing a salary of Rs.23,620/- per month.
4. The deceased was survived by his wife, married
daughter, and mother who filed the claim petition. The
Learned Tribunal took the monthly income of the deceased at
Rs.16,000/- after deducting the permissible deductions and
deducted 1/3rd towards his personal expenses and applied the
multiplier of 6 to compute the compensation of Rs.7,68,000/-.
Rs.25,000/- was awarded for loss of consortium; Rs.50,000/-
for loss of love and affection and mental agony; Rs.10,000/-
for funeral expenses. Total compensation awarded was
Rs.8,53,000/-.
5. The appellant has challenged the award on the following
grounds: -
(i) The future prospects have not been considered.
(ii) Multiplier of 8 should have been applied instead of
(iii) The interest be enhanced from 6% to 7.5% and
(iv) Compensation for loss of consortium be enhanced
from Rs.25,000/- to Rs.50,000/-
6. With respect to the future prospects, it has been
recorded in para 17 of the award that no evidence was led to
support that the deceased would have been promoted to
higher rank in the remaining years of his service and,
therefore, the Learned Tribunal has rightly not taken the
future prospects into consideration.
7. The Learned Tribunal has applied the multiplier 6
considering the age of the deceased to be 56 years.
Considering the recent judgments of the Hon'ble Apex Court,
there is not infirmity in the multiplier taken by the Learned
Tribunal.
8. With respect to the loss of consortium, learned counsel
refers to the judgment of Madra High Court in the case of
United India Insurance Co. Ltd. vs. Sulochana III (2007)
ACC 50 (DB) where the Court has awarded Rs.50,000/-
towards loss of consortium.
9. The compensation for loss of consortium is non-
pecuniary loss and, therefore, it should be uniformly followed.
I, therefore, enhance the loss of consortium from Rs.25,000/-
to Rs.50,000/-.
10. With respect to the interest on the award amount, the
Apex Court has awarded the interest @ 7.5% in the case of
Dharmpal vs. U.P. State Road Transport Corp. III (2008)
ACC 1SC. Following the said judgment, the interest is
enhanced from 6% to 7.5%.
11. The appeal is allowed. The award amount is enhanced
from Rs.8,53,000/- to Rs.8,78,000/- with interest @ 7.5% from
the date of petition till the realization. The additional amount
enhanced and the interest thereon be deposited with the
Learned Tribunal within 4 weeks and the same be released to
appellant No.1.
10. Copy of this judgment be given 'Dasti' to learned
counsel for both the parties.
J.R. MIDHA, J
FEBRUARY 11, 2009
mk
