Delhi High Court
Pramod Kumar Kohli & Anr vs Amar Nath & Ors. on 20 July, 2009
Author: J.R. Midha
25
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.328/2007
Date of Decision: 20th July, 2009
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PRAMOD KUMAR KOHLI & ANR ..... Appellants
Through : Mr. Sanjay Mishra, Adv.
versus
AMAR NATH & ORS. ..... Respondents
Through : Ms. Manjusha Wadhwa, 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.3,59,000/- has
been awarded to the appellants. The appellants seek
enhancement of the award amount.
2. The accident dated 30th August, 2002 resulted in the
death of Rochan Kohli aged 19 years. The deceased was
survived by his parents who filed the claim petition before
the learned Tribunal.
3. The learned Tribunal has awarded compensation of
Rs.3,59,000/- by applying the multiplier of 12 considering the
age of the mother to be 43 years.
4. The learned counsel for the appellant has urged only
two grounds at the time of hearing of this appeal. The first
ground of challenge is that the appropriate multiplier
according to the age of the mother is 14 and, therefore, the
multiplier be enhanced from 12 to 14. The second ground of
challenge is that the claim petition was filed before the
learned Tribunal on 25th September, 2002 but the learned
Tribunal has mentioned the date of filing of the petition as 3 rd
March, 2003 on the award due to which the petitioner has
lost interest for the period 25th September, 2002 to 2nd
March, 2003.
5. The age of the mother of the deceased at the time of
the accident was 43 years and, therefore, the appropriate
multiplier according to the recent judgment of the Hon'ble
Supreme Court in the case of Sarla Verma Vs. Delhi
Transport Corporation, 2009 (6) Scale 129 is 14. The
multiplier applied by the learned Tribunal is, therefore,
enhanced from 12 to 14. The appellants are entitled to
compensation of Rs.4,03,000/- (Rs.27,000 x 14 + Rs.25,000)
by applying the multiplier of 14 instead of 12.
6. The LCR of this case has been perused. The appellants
had filed the claim petition before the learned Tribunal on
25th September, 2002. The date of filing of the petition
mentioned on the award is, therefore, corrected and 3 rd
March, 2003 mentioned on the award be read as 25 th
September, 2002 and the appellants are entitled to interest
from the said date.
7. The appeal is allowed and the award amount is
enhanced from Rs.3,59,000/- to Rs.4,03,000/- along with
interest @9% per annum from the date of filing of the
petition, i.e., 25th September, 2002 till the date of payment.
8. On the request of the learned counsel for respondent
No.3, it is clarified that the appellants shall be entitled to the
interest on Rs.3,59,000/- from 25th September, 2002 up to 2nd
March, 2003 and on the enhanced amount of Rs.44,000/-
from 25th September, 2002 till the date of payment.
9. Respondent No.3 is directed to deposit the amount
along with interest thereon with the learned Tribunal within
30 days. The learned Tribunal shall release 50% of the
award amount to appellant No.1. The remaining amount be
kept in fixed deposit for a period of three years.
10. Copy of this order be given 'Dasti' to learned counsel
for the parties under the signature of Court Master.
J.R. MIDHA, J
JULY 20, 2009
aj
