Shambhu Thakur & Ors. vs Dilip & Ors.
2009 Latest Caselaw 4583 Del

26
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +       MAC.APP.No.337/2008

%                                 Date of decision: 10th November, 2009


      SHAMBHU THAKUR & ORS.           ..... Appellants
                  Through : Mr. Yogesh Narula, Adv.

                      versus

      DILIP & ORS.                              ..... Respondents
                           Through : Mr. A.K. Soni, 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.3,57,000/- has been

awarded to the appellants. The appellants seek enhancement of

the award amount.

2. The accident dated 9th April, 2007 resulted in the death of

Suryapati Devi. The deceased was survived by her husband and

six children who filed the claim petition before the learned

Tribunal.

3. The deceased was aged 48 years at the time of the accident

and was a housewife. Following the judgment of the Hon'ble

Supreme Court in the case of Lata Wadhwa vs. State of Bihar,

2001 ACJ 1735 (SC), the learned Tribunal took the value of the

services of the housewife to be Rs.3,000/- per month. The

learned Tribunal deducted 1/3rd towards personal expenses of the

deceased and applied the multiplier of 13 to compute the loss of

dependency at Rs.3,12,000/-. Rs.35,000/- has been awarded

towards loss of love and affection, Rs.5,000/- towards funeral

expenses and Rs.5,000/- towards loss of estate. The total

compensation awarded is Rs.3,57,000/-.

4. The following two grounds have been urged by learned

counsel for the appellant at the time of hearing of this appeal:-

(i) The deduction of 1/3rd towards personal expenses of the

deceased is not in accordance with law.

(ii) The compensation be awarded towards loss of consortium.

5. The learned Tribunal has followed the judgment of the

Hon'ble Supreme Court in the case of Lata Wadhwa (supra) and

has taken the value of services of the housewife to be Rs.3,000/-

per month. The judgment of the Hon'ble Supreme Court does not

permit any deduction towards personal expenses and, therefore,

the deduction of 1/3rd towards personal expenses is not

permissible.

6. Following the judgment of the Hon'ble Supreme Court, the

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

is set aside. The learned Tribunal has not awarded any

compensation towards loss of consortium. However, the learned

Tribunal has awarded higher compensation of Rs.35,000/-

towards loss of love and affection which shall be deemed to

include the compensation for loss of consortium. The total

compensation of the appellants is computed to be Rs.5,13,000/-

[(Rs.3,000 x 13 x 12) + Rs.35,000 + Rs.5,000 + Rs.5,000].

7. The appeal is allowed and the award amount is enhanced

from Rs.3,57,000/- to Rs.5,13,000/- along with interest @7.5% per

annum from the date of filing of the petition till realization.

8. The enhanced award amount along with interest be

deposited by respondent No.3 with UCO Bank A/c Shambhu

Thakur through Mr. M.M. Tandon, Member-Retail Team, UCO Bank

Zonal, Parliament Street, New Delhi (Mobile No. 09310356400).

9. The order for disbursement of the award amount shall be

passed on the next date of hearing after examining the

appellants who are directed to remain present in the Court on the

next date of hearing.

10. Renotify for 16th December, 2009.

11. Copy of this order be given 'Dasti' to learned counsel for the

parties under signatures of Court Master.

J.R. MIDHA, J

NOVEMBER 10, 2009 aj