Delhi High Court
Hema Thakur & Ors vs Suraj Bhan & Ors on 31 July, 2009
Author: J.R. Midha
15
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.331/2009
Date of Decision: 31st July, 2009
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HEMA THAKUR & 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.9567/2009 (Delay)
1. For the reasons stated in the application and also
considering that the appellants are three minor children who
lost their father on 4th December, 2008, the delay in filing of
the appeal is condoned.
2. The application stands disposed of.
MAC.APP. No.331/2009
1. The appellants have challenged the award of the
learned Tribunal whereby compensation of Rs.5,80,000/- has
been awarded to the appellants. The appellants seek
enhancement of the award amount.
2. The accident dated 7th May, 2001 resulted in the death
of Sanyogita. The deceased was survived by her husband
and three minor children who filed the claim petition before
the learned Tribunal.
3. The deceased was aged 38 years at the time of the
accident and was working with M/s A.I.M.S., Satya Niketan,
New Delhi earning Rs.3,000/- per month. The learned
Tribunal took the income of the deceased at Rs.3,000/- and
added 50% towards the future prospects to compute the
income of the deceased at Rs.4,500/-. After deducting 1/3rd
towards the personal expenses and applying the multiplier of
15, the loss of dependency is computed at Rs.5,40,000/-.
Rs.40,000/- has been awarded towards loss of love and
affection, loss of consortium and funeral expenses. The total
compensation awarded is Rs.5,80,000/-.
4. The learned counsel for the appellant submits that the
deceased was aged 38 years at the time of the accident.
The age of the deceased was proved by her school leaving
certificate - Ex.PW1/6. However, the learned Tribunal took
the age of the deceased as 44 years according to the ration
card and applied the multiplier of 15.
5. According to the Second Schedule of the Motor Vehicles
Act, the appropriate multiplier for the age of 38 years is 16.
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, the appropriate
multiplier at the age of 38 years is 15. However, considering
the special circumstances of this case, especially that the
appellants are three minor children who also lost their father
after the death of their mother in the accident, as a special
case, this Court is inclined to apply the multiplier of 16 but
this case shall not be treated as a precedent.
6. The learned Tribunal has deducted 1/3rd towards the
personal expenses of the deceased. However, considering
that the deceased left behind four legal representatives,
namely, husband and three minor children, the personal
expenses of the deceased are reduced from 1/3rd to 1/4th.
Applying the multiplier of 16 and taking the personal
expenses of the deceased as 1/4th, the loss of dependency of
the appellant is computed at Rs.6,48,000/- (Rs.4,500 x 3/4 x
12 x 16).
7. The learned Tribunal has awarded Rs.40,000/- towards
loss of love and affection, loss of consortium and funeral
expenses. No compensation has been awarded towards loss
of estate. Considering the facts and circumstances of this
case, especially that after the death of the deceased, the
husband of the deceased also expired on 4 th December, 2008
and the appellants are now three minor children aged 18, 17
and 11 years and they are staying with their paternal uncle,
the compensation of Rs.10,000/- is awarded to each of the
three minor children towards loss of estate. The appellants
are entitled to the total compensation of Rs.7,18,000/-
(Rs.6,48,000 + Rs.40,000 + Rs.10,000 + Rs.10,000 +
Rs.10,000).
8. The appeal is allowed. The award amount is enhanced
from Rs.5,80,000/- to Rs.7,18,000/- along with interest
@7.5% per annum from the date of filing of the petition till
realization.
9. The enhanced amount along with interest be deposited
by respondent No.4 with the learned Tribunal within 30 days.
Upon such deposit being made, the learned Tribunal shall
disburse to the claimants in the same proportion and manner
as in the original award.
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 31, 2009
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