B.S.Aujla & Anr vs Zakir Hussain & Ors
2009 Latest Caselaw 2269 Del

49
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +    MAC.APP. 637/2007


                                 Date of Decision: 26th May, 2009

%

      B.S.AUJLA & ANR                ..... Appellants
                     Through : Mr. Ajit Warrier and
                               Mr. Varun Shankar, Advs.

                       versus

      ZAKIR HUSSAIN & ORS           ..... Respondents
                    Through : Ms. Manjusha Wadhwa and
                              Ms. Gagan Deep Kaur, Advs.


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.3,90,000/- has

been awarded to the appellants. The appellants seek

enhancement of the award amount.

2. The accident dated 12th October, 2003 resulted in the

death of Daljeet Singh Aujla. The deceased was aged 24

years at the time of the accident and was survived by his

parents aged 52 years and 57 years at the time of the

accident.

3. The learned Tribunal applied the multiplier of 6 to

compute the loss of dependency of the deceased.

4. The appellant has urged the following three grounds at

the time of hearing of this appeal:-

(i) The multiplier be enhanced from 6 to 11 considering

the age of the mother of the deceased.

(ii) The compensation be awarded for loss of estate.

(iii) The interest be enhanced from 6% to 9% per annum.

5. The multiplier according to the age of the mother of the

deceased is 11 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 multiplier is, therefore, enhanced from

6 to 11.

6. The learned Tribunal has not awarded any

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

loss of estate.

7. The learned Tribunal has awarded interest @ 6% per

annum. Following the judgment of the Hon'ble Supreme

Court in the case of Dharampal vs. U.P. State Road

Transport Corporation, III 2008 ACC (1) SC, the rate of

interest is enhanced from 6% to 7.5% per annum.

8. The appellants are entitled to total compensation of

Rs.7,00,000/- (Rs.5,000 x 12 x 11 + Rs.5,000 + Rs.25,000 +

Rs.10,000).

9. The appeal is allowed. The award amount is enhanced

from Rs.3,90,000/- to Rs.7,00,000/- along with interest

@7.5% per annum.

10. The enhanced amount along with interest be deposited

by respondent No.3 with the learned Tribunal within a period

of 30 days.

11. Upon deposit being made, the learned Tribunal is

directed to release a sum of Rs.50,000/- to each of the

appellants and the remaining amount be kept in fixed

deposit for a period of five years on which periodical interest

be paid to the appellants but no loan, advance or withdrawal

be permitted without the prior permission of the learned

Tribunal.

J.R. MIDHA, J

MAY 26, 2009 aj