Delhi High Court
Master Arjun Chandela & Ors vs Subhash Chander & Ors on 5 November, 2009
Author: J.R. Midha
37, 38 & 39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 5th November, 2009
+ FAO 101/1994
MASTER ARJUN CHANDELA & ORS ..... Appellants
Through : Mr. D.D. Singh, Adv.
versus
SUBHASH CHANDER & ORS ..... Respondents
Through : Mr. Pankaj Seth, Adv.
+ FAO 102/1994
MASTER ARJUN CHANDELA & ORS ..... Appellants
Through : Mr. D.D. Singh, Adv.
versus
SUBHASH CHANDER & ORS ..... Respondents
Through : Mr. Pankaj Seth, Adv.
+ FAO 103/1994
MASTER ARUJN CHANDELA & ORS ..... Appellants
Through : Mr. D.D. Singh, Adv.
versus
SUBHASH CHANDER & ORS ..... Respondents
Through : Mr. Pankaj Seth, Adv.
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.6,24,000/- has been
awarded to the appellants. The appellants seek enhancement of
the award amount.
2. The accident dated 27th November, 1986 resulted in the
death of Lt. Commander Vijay Kumar Singh Chandele and his wife
Ranjana Chandele. Both the deceased were riding on two
wheeler scooter when they were crushed by a bus plying on DTC
route bearing No.DEP 4885. The bus dragged both the deceased
to a distance about 15 ft. Both the deceased were survived by
their minor son aged 6 years who filed the claim petition before
the learned Tribunal. The parents of the deceased,
Lt. Commander Vijay Kumar Singh Chandele were also joined in
the claim petition.
3. The deceased Lt. Commander Vijay Kumar Singh Chandele
was aged 35 years and his wife Ranjana Chandele was aged 30
years at the time of the accident. Lt. Commander Vijay Kumar
Singh Chandele was working as Lt. Commander with Indian Navy
earning Rs.4,640/- per month and his wife was working as
Advertising Representative with M/s Anand Bajaj Patrika drawing
a salary of Rs.2,495/-. The learned Tribunal took the income of
both the deceased at Rs.6,910/- and deducted Rs.3,910/- towards
the personal expenses of the deceased and applied the multiplier
of 16 to compute the loss of dependency at Rs.5,76,000/-.
Rs.48,000/- has been awarded to the parents of Lt. Commander
Vijay Kumar Singh Chandele. The total compensation awarded is
Rs.6,24,000/-.
4. The learned counsel for the appellants has urged the
following grounds at the time of hearing of this appeal:-
(i) The future prospects of the deceased be taken into
consideration.
(ii) The personal expenses of the deceased be reduced
from Rs.3,910/- to 1/3rd.
(iii) The compensation be awarded towards loss of love
and affection, loss of estate and funeral expenses.
(iv) The multiplier be enhanced from 16 to 17.
5. The law with respect to the future prospects and the
deduction towards the personal expenses is well settled by the
recent judgment of the Hon'ble Supreme Court in the case of
Sarla Verma Vs. Delhi Transport Corporation, 2009 (6)
Scale 129.
6. Following the aforesaid judgment, 50% of the salary is
added towards the future prospects of the deceased and the
income of both the deceased for computation of compensation is
taken to be Rs. 10,365/- (Rs.6,910 + 50% of Rs.6,910].
Deducting 1/3rd towards the personal expenses of the deceased,
the loss of dependency is taken to be Rs.6,910/- per month. The
Lt. Commander Vijay Kumar Singh Chandele was aged 35 years
whereas his wife Ranjana Chandele was aged 30 years and the
appropriate multiplier at the age of 35 is 16 whereas the
appropriate multiplier at the age of 30 is 17. The multiplier is
taken to be 16.5. Applying the multiplier of 16.5, the loss of
dependency is computed to be Rs.13,68,180/- (Rs.6,910 X 12 X
16.5).
7. The learned Tribunal has not awarded any compensation for
loss of love and affection, loss of estate and funeral expenses.
However, Rs.48,000/- has been awarded by the learned Tribunal
to the parents of the deceased husband. The same is treated to
be under the heads of loss of love and affection, loss of estate
and funeral expenses and, therefore, no compensation is
awarded under the above mentioned heads.
8. The appellant are entitled to total compensation of
Rs.14,16,180/-. (Rs.13,68,180 + Rs.48,000).
9. The appeal is allowed and the award amount is enhanced
from Rs.6,24,000/- to Rs.14,16,180/-. The learned Tribunal has
awarded interest at the rate of 12% per annum which is not
disturbed on the original award amount of Rs.6,24,000/-.
However, on the enhanced award amount, the rate of interest
shall be 7.5% per annum from the date of filing of the petition till
realization.
10. The enhanced award amount be deposited by respondent
No.3 with UCO Bank, Delhi High Court Branch A/c Arjun Chandele
within 30 days.
11. The order with respect to the disbursement of the award
amount shall be passed on the next date of hearing after
examining the appellant who is directed to remain present in
Court on the next date of hearing.
12. List the appeal on 15th December, 2009.
13. Copy of this order be given 'Dasti' to learned counsel for
both the parties under signature of Court Master.
J.R. MIDHA, J
NOVEMBER 05, 2009
mk
