Pradeep Sharma & Anr. vs Jagveer Singh &Ors.
2009 Latest Caselaw 2967 Del

22
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +    MAC.APP.No.72/2009

                                  Date of Decision: 31st July, 2009
%

      PRADEEP SHARMA & ANR.          ..... Appellants
                   Through : Mr. R.L. Goel, Adv.

                      versus

      JAGVEER SINGH &ORS.          ..... Respondents
                    Through : Mr. Amit Kumar Pandey,
                              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.10,70,000/-

has been awarded to the appellants. The appellants seek

enhancement of the award amount.

2. The accident dated 16th February, 2007 resulted in the

death of Piyush Sharma. The deceased was survived by his

parents who filed the claim petition before the learned

Tribunal.

3. The deceased was aged 19 years at the time of the

accident and was working as Network Engineer earning

Rs.10,000/- as salary duly proved by Ex.PW2/A and Ex.P-4A.

The learned Tribunal deducted 1/3rd towards the personal

expenses of the deceased and applied the multiplier of 13 to

compute the loss of dependency at Rs.10,40,000/-.

Rs.5,000/- each has been awarded towards loss of estate,

funeral expenses and transportation of the dead body.

Rs.15,000/- has been awarded towards loss of love and

affection. The total compensation awarded is Rs.10,70,000/-.

4. The learned counsel for the appellant submits that the

age of the parents is between 40-45 years and, therefore,

the appropriate multiplier according to the recent judgment

of Hon'ble Supreme Court in the case of Sarla Verma Vs.

Delhi Transport Corporation, 2009 (6) Scale 129 is 14

whereas the learned Tribunal applied the multiplier of 13.

Multiplier in the present case is increased from 13 to 14.

5. The learned counsel for the appellant further submits

that the learned Tribunal has not taken the future prospects

into consideration. Following the aforesaid judgment of the

Hon'ble Supreme Court, the future prospects of the deceased

are taken into consideration by adding 50% of his income.

The salary of the deceased is taken to be Rs.15,000/-

(Rs.10,000 + Rs.5,000). The learned Tribunal has deducted

1/3rd towards the personal expenses of the deceased.

However, the Hon'ble Supreme Court in the aforesaid

judgment held that in the case of unmarried person, 50% has

to be deducted towards the personal expenses of the

deceased. The personal expenses of the deceased are,

therefore, taken to be 1/2 instead of 1/3rd. The loss of

dependency of the appellants is taken to be Rs.7,500/-.

Applying the multiplier of 14, the loss of dependency is

computed to be Rs.12,60,000/- (Rs.7,500 x 12 x 14). Adding

Rs.15,000/- towards loss of estate, funeral expenses and

transportation of dead body and Rs.15,000/- towards loss of

love and affection, the total compensation is computed as

Rs.12,90,000/-.

6. The appeal is allowed and the award amount is

enhanced from Rs.10,70,000/- to Rs.12,90,000/- along with

interest @7.5% from the date of filing of the petition till

realization. The enhanced amount be deposited by

respondent No.3 with the learned Tribunal within 30 days.

7. Upon aforesaid deposit being made, the learned

Tribunal shall release Rs.50,000/- to the appellants and the

remaining amount be kept in fixed deposit for a period of five

years on which no loan, advance or withdrawal be permitted

without the permission of the learned Tribunal.

8. 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