Ram Baboo Dubey & Anr. vs Haryana Roadways And Anr.
2009 Latest Caselaw 2910 Del

25
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                   +       MAC.APP.No.422/2004

                                  Date of Decision: 29th July, 2009
%

      RAM BABOO DUBEY & ANR.          ..... Appellants
                  Through: Mr. R.K. Gupta, Adv.


                       versus

    HARYANA ROADWAYS AND ANR.        ..... Respondents
                  Through: Mr. Yashpal Ragi with Manjit
                             Singh, Advocates.
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.2,45,256/- has

been awarded to the appellants. The appellants seek

enhancement of the award amount.

2. The accident dated 1st December, 1995 resulted in the

death of Rajinder Kumar. The deceased was survived by his

parents who filed the claim petition before the learned

Tribunal.

3. The deceased was aged 21 years at the time of the

accident. The deceased was a tailor-cum-cutter and was

earning Rs.6,000/- per month. However, in the absence of

sufficient evidence, the learned Tribunal took the minimum

wages into consideration and applied the multiplier of 13

after deducting 50% of income of the deceased as personal

expenses. The loss of dependency was computed by the

learned Tribunal to be Rs.2,30,256/-. Rs.15,000/- has been

awarded towards pain and suffering and funeral expenses.

Total compensation awarded is Rs.2,45,256/-.

4. The appellants have challenged the impugned award

on three grounds. The first ground of challenge is that the

income of the deceased should be taken as Rs.6,000/-

instead of minimum wages. The second ground of challenge

is that the multiplier of 14 be applied instead of 13 and the

third ground of challenge is that the compensation be

awarded for loss of love and affection and loss of estate.

5. With respect to the income of the deceased, learned

counsel for the appellant refers to and relies upon the

statement of PW-2, who deposed that he was the proprietor

of Abhi International dealing in export of garments and the

deceased was doing job work for him. PW-2 further deposed

that the deceased was earning Rs.200/- to Rs.250/- per day

out of his four machines. The payment voucher signed by

PW-2 is Ex.PW2/A.

6. The learned Tribunal has recorded in the award that the

counsel for the appellants has conceded that the income of

the deceased be taken according to the minimum wages. In

view of the statement made by the learned counsel for the

appellant before the learned Tribunal, there is no infirmity

with the finding of the learned Tribunal insofar as the

minimum wages have been taken to compute the loss of

dependency.

7. With respect of the multiplier adopted by the learned

Tribunal, it is noted that the age of the mother of the

deceased at the time of the accident was 45 years and,

therefore, the appropriate multiplier in the present case is

14. The multiplier is, therefore, enhanced from 13 to 14.

The loss of dependency by applying the multiplier of 14 is

computed to be Rs.2,48,052/- [(Rs.2,953 - 50% of Rs.2,953)

X 12 X 14].

8. The learned Tribunal has not awarded any

compensation towards loss of love and affection and loss of

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

Rs.12,500/- is awarded to each of the appellants towards loss

of love and affection. The total compensation payable to the

appellants is computed to be Rs.2,98,052/- (Rs.2,48,052 +

Rs.15,000 + Rs.10,000 + Rs.12,500 + Rs.12,500/-).

9. The appeal is allowed and the award amount is

enhanced from Rs.2,45,256/- to Rs.2,98,058/-. The learned

Tribunal has awarded interest @ 9% per annum which is not

disturbed on the original award amount of Rs.2,45,256/-.

However, on the enhanced award amount, the rate of

interest shall be @ 7.5% per annum from the date of the

filing of the petition till payment.

10. The enhanced amount along with interest be deposited

by the respondent with the learned Tribunal within 30 days.

Upon the said amount being deposited, the learned Tribunal

is directed to release the enhanced amount along with

interest to the appellants without any restriction of fixed

deposit considering the age of the appellants.

11. Copy of the order be given dasti to both the counsel for

the parties under the signatures of the Court Master.

J.R. MIDHA, J JULY 29, 2009 s.pal