Delhi High Court
Shashi Sharma & Ors. vs Ravi Kumar & Ors. on 17 February, 2009
Author: J.R. Midha
1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC APP.No.77/2009
Date of decision:17th February, 2009
%
SHASHI SHARMA & ORS. ..... Appellants
Through : Mr. Manish Maini, Adv.
versus
RAVI KUMAR & ORS. ..... Respondents
Through : Mr. Ram N. 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?
JUDGMENT (Oral)
CM No.1573/2009 (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.77/2009
1. This case relates to the death of Ashok Sharma aged 50
years in a road accident on 1st September, 2004. The
deceased was working as clerk with the Ministry of External
Affairs drawing a salary of RS.10,000/- per month. The
Learned Trial Court took the salary of the deceased at
Rs.15,606/- after taking the future prospects into
consideration. 1/3rd was deducted towards the personal
expenses of the deceased and the multiplier of 11 was
applied. Loss of dependency was assessed at Rs.13,73,328/-.
Learned Tribunal awarded Rs.15,000/- towards loss of estate,
Rs.50,000/- towards funeral expenses, Rs.5,000/- towards
transportation expenses of the dead body, Rs.25,000/-
towards the loss of love and affection and Rs.10,000/- for loss
of consortium. The total compensation awarded is
Rs.14,23,328/-.
2. The appellant has challenged the impugned award on
two grounds. First that the personal expenses of the
deceased should have been deducted at the rate of 1/6 th of his
income considering that the deceased has left behind five
legal representatives, namely, his wife, parents and two
daughters. The second ground is that the low amount has
been awarded for loss of consortium. Learned counsel refers
to the recent judgment of Madras High Court in the case of
United India Insurance Co. Ltd. vs. Sulochana & Ors., III
(2007) ACC 50 (DB) where loss of consortium of Rs.50,000/-
has been awarded.
3. Considering the recent judgments of the Hon'ble
Supreme Court, I am of the view that except for low amount of
compensation for loss of consortium, the compensation
awarded is just and fair.
4. I do not find any infirmity in the deduction of 1/3 rd
personal expenses of the deceased for computing the
compensation when the future prospects have been taken
into consideration by taking the income of the deceased at
Rs.15,606/- per month. However, Learned Tribunal has
awarded low amount for loss of consortium. The loss of
consortium is a non-pecuniary loss and there is need to
maintain the uniformity so far as the non-pecuniary damages
are concerned. I, therefore, enhance the compensation for
loss of consortium from Rs.10,000/- to Rs.50,000/-.
5. The appeal is partially allowed. Respondent No.3 is
directed to deposit the enhanced amount of Rs.40,000/- with
the Learned Tribunal within 30 days.
6. Since there is the delay in refiling of this appeal, no
interest is awarded on the enhanced amount of Rs.40,000/-.
7. No costs.
J.R. MIDHA, J
FEBRUARY 17, 2009
mk
