Veena Malhotra & Ors. vs Jitumani Kakati & Ors.
2009 Latest Caselaw 2639 Del

26
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                   +       MAC.APP.No.842/2005

                                  Date of Decision: 15th July, 2009
%

      VEENA MALHOTRA & ORS.             ..... Appellants
                   Through : Mr. O.P. Mannie, Adv.


                       versus


      JITUMANI KAKATI & ORS.             ..... Respondents
                     Through : Mr. Jaswinder Singh, 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.5,25,000/- has

been awarded to the appellants. The appellants seek

enhancement of the award amount.

2. The accident dated 15th March, 2004 resulted in the

death of Anil Kumar Malhotra. The deceased was survived

by his widow, two sons and father who filed the claim

petition before the learned Tribunal.

3. The deceased was aged about 44 years at the time of

the accident and was running a coaching center earning

Rs.50,000/- per annum. The learned Tribunal deducted 1/3 rd

towards the personal expenses of the deceased and applied

the multiplier of 15 to compute the loss of dependency to be

Rs.5,02,500/-. Rs.12,500 has been awarded for loss of

consortium and Rs.10,000/- has been awarded for funeral

expense. The total compensation awarded is Rs.5,25,000/-

4. The appellants have urged the following grounds at the

time of hearing of this appeal: -

(i) The personal expenses of the deceased be

reduced from 1/3rd to 1/4th.

(ii) The compensation be awarded for loss of love and

affection and loss of estate.

5. The deceased has left behind four legal

representatives, namely, widow, two sons and father and,

therefore, following the recent judgment of the Hon'ble

Supreme Court in the case of Sarla Verma Vs. Delhi

Transport Corporation, 2009 (6) Scale 129, the personal

expenses of the deceased are reduced from 1/3rd to 1/4th.

6. The learned Tribunal has not awarded any

compensation for loss of love and affection and loss of

estate. Rs.10,000/- is awarded for loss of love and affection

and Rs.10,000/- for loss of estate.

7. The appellants are entitled to the total compensation of

Rs.6,05,000/- (Rs.50,000 - Rs.12,500 X 15 = Rs.5,62,500 +

12,500 + Rs.10,000 + Rs.10,000 + Rs.10,000)

8. The appeal is partly allowed and the award amount is

enhanced from Rs.5,25,000/- to Rs.6,05,000/- along with

interest at the rate of 8% per annum from the date of filing of

the petition till realization. The enhanced amount along with

interest be deposited by respondent No.3 with the learned

Tribunal within 60 days.

9. The shares of the appellants in the enhanced award

amount shall be in the same proportion as in the original

award.

10. Upon the aforesaid deposit being made, the learned

Tribunal is directed to release the same to the appellant

without any restriction of fixed deposit.

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

for both the parties under signatures of Court Master.

J.R. MIDHA, J

JULY 15, 2009 mk