Delhi High Court
Urmila Vaid & Anr vs Prakash & Ors on 29 July, 2009
Author: J.R. Midha
26
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.62/2007
Date of Decision: 29th July, 2009
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URMILA VAID & ANR ..... Appellants
Through: Ms.Praveena Gautam &
Mr. Rohit K. Modi, Advs.
versus
PRAKASH & ORS ..... Respondents
Through: Mr. Pankaj Seth, 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.5,78,600/- has
been awarded to the appellants. The appellants seek
enhancement of the award amount.
2. The accident dated 26th February, 2005 resulted in the
death of Amit Vaidh. The deceased was survived by his
parents who filed the claim petition before the learned
Tribunal.
3. The deceased was aged 28 years at the time of the
accident. The deceased was working as HR Officer with e-
Serve International Ltd. and was earning Rs.14,788/-. After
deduction of Income Tax of Rs.1073/-, the income of the
deceased was taken to be Rs.13,715/-. 1/3rd has been
deducted towards personal expenses of the deceased and
the multiplier of 5 has been applied to compute the loss of
dependency at Rs.5,48,600/-. Rs.15,000/- has been awarded
towards loss of love and affection, Rs.10,000/- towards loss
of estate and Rs.5,000/- towards funeral expenses. Total
compensation awarded is Rs.5,78,600/-.
4. The appellants have challenged the impugned award
on the ground that the future prospects have not been taken
into consideration and the lower multiplier has been applied.
5. The deceased had a permanent job and, therefore,
following the recent judgment of the Hon'ble Supreme Court
in the case of Sarla Verma vs. DTC, 2009 (6) Scale 129,
50% of the income of the deceased is added as future
prospects. The income of the deceased was Rs.13,715/-.
Adding 50% towards future prospects, the income of the
deceased for computation of loss of dependency is taken to
be Rs.20,572.50. The learned Tribunal has deducted 1/3rd of
the income towards personal expenses of the deceased.
Since the deceased was unmarried, the personal expenses of
the deceased have to be taken as 50%. After deduction of
50% towards personal expenses of the deceased, the loss of
dependency of the appellants is computed at Rs.10,286.25.
The annual loss of dependency is taken to be Rs.1,23,435/-.
The learned Tribunal has applied the multiplier of 5. The age
of the mother of the deceased at the time of the accident
was 58 years and, therefore, the appropriate multiplier
according to the recent judgment of the Hon'ble Supreme in
the case of Sarla Verma (supra), is 9. Applying the multiplier
of 9, the loss of dependency of the appellant is computed to
be Rs.11,10,915/- (Rs.1,23,435 X 9). Adding Rs.15,000/-
towards loss of love and affection, Rs.10,000/- towards loss
of estate and Rs.5,000/- towards funeral expenses, the total
compensation is computed at Rs.11,40,915/-.
6. The appeal is allowed and the award amount is
enhanced from Rs.5,28,600/-.to Rs.11,40,915/- along with
interest at the rate of 7.5% per annum from the date of filing
of the petition till payment.
7. The enhanced amount along with interest be deposited
by the respondent No.3 with the Registrar General of this
Court within 30 days.
8. The order with respect to the disbursement of the
amount shall be passed on the next date of hearing. The
appellants are directed to remain present in the Court on the
next date of hearing.
9. Copy of this order be given dasti to learned counsel for
both the parties.
10. Renotify on 15th September, 2009.
J.R. MIDHA, J
JULY 29, 2009
s.pal
