Delhi High Court
Santra Devi vs Sukhdev Singh & Ors. on 12 May, 2009
Author: J.R. Midha
8
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO No.636/2003
Date of Decision: 12th May, 2009
%
SANTRA DEVI ..... Appellant
Through : Mr. Ashutosh Kumar, Adv.
versus
SUKHDEV SINGH & ORS. ..... Respondents
Through : Mr. K.L. Nandwani, 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 appellant has challenged the award of the learned
Tribunal whereby the compensation of Rs.63,000/- has been
awarded to the appellant. The appellant seeks enhancement
of the award amount.
2. The accident dated 16th August, 1991 resulted in the
death of Nand Kishore Goel. The deceased was getting down
from the moving bus and fell down on the road and was run
over by the rear tyre of the same bus. The deceased was
aged 23 years at the time of the accident and was survived
by his mother who filed the claim petition before the learned
Tribunal. The deceased was unmarried at the time of the
accident. The deceased was working with his brother-in-law
and was alleged to be earning Rs.6,000/- per month.
However, the Insurance Company in cross-examination
placed on record the income tax return filed by the deceased
according to which his income was Rs.2,000/- per month.
The learned Tribunal took the future prospects into
consideration and took the income to be Rs.3,000/- per
month. The learned Tribunal deducted towards 2/3 rd towards
personal expenses of the deceased and took the dependency
to be Rs.1,000/- per month. The multiplier of 8 has been
applied to compute the loss of dependency at Rs.96,000/-
which has been reduced to 50% due to the contributory
negligence of the deceased. Rs.5,000/- has been awarded
towards the funeral expenses and Rs.10,000/- towards loss of
love and affection. The total compensation awarded is
Rs.63,000/-.
3. The appellant has challenged the impugned award on
the ground that the deceased was not negligent and,
therefore, the deduction of 50% compensation is no justified.
The appellant has also challenged the deduction of 2/3rd
towards personal expenses of the deceased and the lower
multiplier applied by the learned Tribunal. The appellant also
seeks enhancement of the compensation for loss of love and
affection.
4. With respect to the contributory negligence, the
learned Tribunal has relied upon the statement of the eye
witness - PW 2 who had deposed that the deceased got
down from the moving bus which shows that the deceased
was also negligent. The finding of the contributory
negligence is, therefore, based on the evidence on record
and there is no infirmity in the finding.
5. As per the recent judgment of the Hon'ble Supreme
Court in the case of Sarla Verma vs. Delhi Transport
Corporation 2009 (6) Scale 129 decided on 15th April,
2009, the deduction of 1/2 is permissible in the case of the
death of a bachelor. As such, the deduction of 2/3 rd by the
learned Tribunal is unjustified. With respect to the
multiplier, the Hon'ble Supreme Court has held the
appropriate multiplier to be 11 considering the age of the
appellant to be 55 years. The learned Tribunal was in error
in applying the multiplier of 8.
6. The loss of dependency of the deceased is computed
by taking the dependency of the appellant to be Rs.1,500/-
on which the multiplier of 11 is applied. The loss of
dependency comes to Rs.1,98,000/- (Rs.1,500 X 12 X 11).
Since the deceased was contributory negligent, the appellant
is entitled to 50% of the aforesaid amount which comes to
Rs.99,000/-. The compensation of Rs.5,000/- towards funeral
expenses is maintained. However, the compensation for loss
of love and affection is enhanced from Rs.10,000/- to
Rs.25,000/- and the compensation for loss of estate is
awarded at Rs.10,000/-. The total compensation awarded to
the appellant comes to Rs.1,39,000/- (Rs.99,000 + Rs.25,000
+ Rs.5,000 + Rs.10,000).
7. The appeal is allowed and the award amount is
enhanced from Rs.63,000/- to Rs.1,39,000/- along with
interest @ of 9% per annum from the date of filing of this
petition till realization.
8. The enhanced amount along with interest be deposited
by the appellant with the learned Tribunal within 30 days.
9. Upon such deposit being made, the learned Tribunal is
directed to release 50% of the same and the remaining 50%
be kept in fixed deposit for a period of five years on which
periodical interest be paid to the appellant but no loan,
advance or withdrawal be permitted without the prior
permission of the learned Tribunal.
10. Copy of this order be given 'Dasti' to learned counsel
for both the parties under signatures of Court Master.
J.R. MIDHA, J
MAY 12, 2009
mk
