Suman Lata & Ors vs Suraj Bhan & Ors
2009 Latest Caselaw 2965 Del

13
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                   +       MAC.APP.No.329/2009

                                  Date of Decision: 31st July, 2009
%

      SUMAN LATA & ORS            ..... Appellants
                   Through : Mr. P.S. Singh, Adv.

                       versus

      SURAJ BHAN & ORS          ..... Respondents
                    Through : Mr. Amit Kumar Pandey,
                              Adv. for R-4.

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)

CM No.9564/2009 (Delay)

1. For the reasons stated in the application, the delay in

filing of the appeal is condoned.

2. The application stands disposed of.

MAC.APP. No.329/2009

1. This claim petition arises out of the death of Desh Raj.

The deceased was aged 42 years and was running a shop.

However, in the absence of any documentary proof, the

learned Tribunal took the minimum wages of Rs.3,500/- and

after taking judicial notice of increase in minimum wages,

the same was assessed at Rs.5,250/- per month. 1/3rd was

deducted towards the personal expenses of the deceased

and applying the multiplier of 15, the loss of dependency was

taken at Rs.6,30,000/-. Rs.40,000/- has been awarded for

funeral expenses, loss of consortium and loss of love and

affection. The total compensation was computed at

Rs.6,70,000/-.

2. The learned counsel for the appellant seeks

enhancement of multiplier on the ground that the deceased

was aged 40 years according to the school leaving

certificate - Ex.PW1/4. However, no interference is called for

in the multiplier because even taking the age to be 40 years,

the 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 15.

. The learned counsel for the appellant submits that there is

sufficient evidence to prove the income of the deceased as

per the Panchayat certificate. The view taken by the learned

Tribunal in taking the income of the deceased according to

the minimum wages is just, fair and reasonable and does not

call for any interference as the evidence is not sufficient to

prove the income of the deceased.

3. The learned Tribunal has not awarded any

compensation towards the loss of estate. Rs.10,000/- is

awarded towards the loss of estate.

4. The appeal is allowed and the compensation is

enhanced from Rs.6,70,000/- to Rs.6,80,000/- along with

interest @7.5% per annum from the date of filing of the

petition till realization.

5. Respondent No.4 is directed to deposit the enhanced

award amount along with interest with the learned Tribunal

and the same be released to the claimants.

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

for the parties under the signature of Court Master.

J.R. MIDHA, J

JULY 31, 2009 mk