Anil Kumar Baluni & Ors. vs Rajesh Kumar & Ors.
2009 Latest Caselaw 2534 Del

18
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +    MAC.APP. 457/2007

                                   Date of Decision: 09th July, 2009
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      ANIL KUMAR BALUNI & ORS.         ..... Appellants
                    Through : Mr. Sandip Kumar, Adv.

                       versus

      RAJESH KUMAR & ORS.          ..... Respondents
                   Through : Mr. Sunil Sagar and
                             Mr. Vishal Sehijpal, Advs. for
                             R-1 and 2.
                             Mr. Ajit K.Singh,Adv. for R-3.

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.4,54,968/- has

been awarded to the appellants. The appellants seek

enhancement of the award amount.

2. The accident dated 8th August, 2004 resulted in the

death of Rekha. The deceased was aged 30 years at the

time of the accident and was survived by her husband and

two minor children who filed the claim petition before the

learned Tribunal.

3. Appellant No.1 appeared as PW-1 before the learned

Tribunal and deposed that the deceased was giving tuitions

and was earning Rs.4,500/- per month and was also working

as garment checker with M/s Mari Gold Corporation.

However, no documentary proof was placed on record to

prove the income of the deceased. The learned Tribunal

assumed the deceased to be a housewife and took the

minimum wages into consideration to compute the loss of

dependency.

4. The learned counsel for the appellant submits that the

learned Tribunal ought to have taken the value of the

services of the deceased at Rs.3,000/- per month to compute

the loss of dependency. The learned counsel for the

appellant has referred to and relied upon the judgment of

Lata Wadhwa vs. State of Bihar, 2001 ACJ 1735 which is

recorded in para 11 of the award. The learned counsel

further submits that the learned Tribunal erred in taking the

minimum wages to compute the loss of dependency.

5. In para 11 of the award, the learned Tribunal has

assumed the deceased to be a housewife. In that view of the

matter, the learned Tribunal ought to have taken the value of

the services rendered by the deceased as a housewife.

Following the judgment of Lata Wadhwa (supra), the value

of the services of the deceased as a housewife are taken to

be Rs.3,000/- per month.

6. The deceased was aged 30 years at the time of the

accident and, therefore, the appropriate multiplier is 17

instead of 16 applied by the learned Tribunal. Applying the

multiplier of 17, the loss of dependency of the appellants is

computed to be Rs.6,12,000/- (Rs.3,000 x 12 x 17).

7. The learned Tribunal has not awarded any

compensation towards loss of consortium, loss of love and

affection and loss of estate. Rs.2,000/- has been awarded

towards funeral expenses and Rs.25,000/- has been awarded

towards mental pain and agony.

8. Considering the facts and circumstances of this case,

Rs.10,000/- is awarded towards loss of consortium,

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

towards loss of estate and the funeral expenses are

enhanced from Rs.2,000/- to Rs.5,000/-. There is no separate

provision to award the compensation towards mental pain

and agony and, therefore, the award of Rs.25,000/- towards

mental pain and agony is set aside.

9. The appellant shall be entitled to a sum of Rs.6,47,000/-

(Rs.6,12,000 + Rs.10,000 + Rs.10,000+ Rs.10,000 +

Rs.5,000).

10. The appeal is allowed and the award amount is

enhanced from Rs.4,54,968/- to Rs.6,47,000/- along with

interest @7% per annum from the date of filing of the

petition till realization.

11. The enhanced amount along with interest thereon be

deposited by respondent No.3 with the learned Tribunal

within a period of 30 days. The appellants shall have equal

share in the award amount. The share of appellant No.1 be

released to him whereas the shares of appellants No.2 and 3,

who are minors, be kept in fixed deposit till the date of their

attaining majority.

12. Copy of this order be given 'Dasti' to learned counsel

for the parties under signatures of Court Master.

J.R. MIDHA, J

JULY 09, 2009 aj