Shanti Chauhan & Ors vs Jamshed Khan & Ors
2009 Latest Caselaw 4609 Del

15
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                    +   MAC.APP.No.9/2008

                          Date of Decision: 11th November, 2009
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      SHANTI CHAUHAN & ORS              ..... Appellants
                    Through : Mr. Abhishek Kumar, Adv.
               versus

    JAMSHED KHAN & ORS                ..... Respondents
                  Through : Mr. Kaustush Shukla, Adv.
                             for Ms. Shantha Devi
                             Raman, 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.8,43,506/- has

been awarded to the appellants. The appellants seek

enhancement of the award amount.

2. The accident dated 14th June, 2005 resulted in the

death of Munender Pal Singh Chauhan. The deceased was

survived by his widow, two sons and a daughter who filed the

claim petition before the learned Tribunal.

3. The deceased was aged 53 years at the time of the

accident and was working as a Government Contractor for

the last 25 years. The deceased was the proprietor of M/s

Chauhan Enterprises and his income at the time of the

accident as per the last Income Tax Return was Rs.1,58,000/-

per annum. The deceased had two Government contracts for

Rs.3,74,149/- and Rs.9,93,383/- at the time of the accident.

The appellants placed the Income Tax Returns for the last

four years before the learned Tribunal. The income for the

last four years had been Rs.1,24,499/-, Rs.1,35,515/-,

Rs.1,40,170 and Rs.1,38,817/- respectively. The income of

the deceased has been steadily increasing. However, the

learned Tribunal took the average income of the last four

years at Rs.1,34,750/-, 1/3rd was deducted towards the

personal expenses of the deceased and the multiplier of 9

was applied to compute the loss of dependency at

Rs.8,08,506/-. Rs.10,000/- was awarded towards funeral

expenses and Rs.25,000/- towards loss of love and affection.

The total compensation awarded is Rs.8,43,506/-.

4. The learned counsel for the appellants has urged the

following grounds at the time of hearing of this appeal:-

(i) The income of the deceased be taken to be

Rs.1,38,817/- per annum according to the last

Income Tax Return.

(ii) The future prospects be taken into consideration.

(iii) The personal expenses of the deceased be

reduced from 1/3rd to 1/4th.

(iv) The multiplier be enhanced from 9 to 11.

(v) The compensation be awarded for loss of

consortium and loss of estate.

(vi) The rate of interest be enhanced from 6% per

annum to 7.5% per annum.

5. The Hon'ble Supreme Court in the recent judgment of

Sarla Verma Vs. Delhi Transport Corporation, 2009 (6)

Scale 129 has held that the personal expenses of the

deceased to be 1/4th where the deceased has left behind 4 to

6 dependents. The Hon'ble Supreme Court has further held

that the future prospects shall be taken into consideration

only in respect of deceased with a permanent job with less

than 50 years of age. The Hon'ble Supreme Court has also

held the appropriate multiplier at the age of 53 to be 11.

6. Following the aforesaid judgment of the Hon'ble

Supreme Court, the personal expenses of the deceased are

reduced from 1/3rd to 1/4th, claim for future prospects is

rejected and the multiplier is enhanced from 9 to 11. The

income of the deceased at the time of the accident is taken

at Rs.1,38,817/- as per the last Income Tax Return instead of

the average of last four years.

7. Taking the income of the deceased to be Rs.1,38,817/-,

deducting 1/4th towards the personal expenses and applying

the multiplier of 11, the loss of dependency is computed to

be Rs.11,45,240/- (Rs.1,38,817 x 3/4 x 11). Rs.10,000/- is

awarded for loss of consortium and Rs.10,000/- is awarded

for loss of estate. The total compensation is computed to be

Rs.12,00,240/- (Rs.11,45,240 + Rs.10,000 + Rs.25,000 +

Rs.10,000 + Rs.10,000).

8. The appeal is allowed and the award amount is

enhanced from Rs.8,43,506/- to Rs.12,00,240/- along with

interest @7.5% per annum from the date of filing of the

petition till realization.

9. The enhanced award amount be deposited by

respondent No.3 with UCO Bank, Delhi High Court Branch A/c

Shanti Chauhan within 30 days by means of a cheque drawn

in the name of UCO Bank A/c Shanti Chauhan and be handed

over to Mr. M.M. Tandon, Member-Retail Team, UCO Bank

Zonal, Parliament Street, New Delhi (Mobile No.

09310356400).

10. The order with respect to the disbursement of award

amount shall be passed after examining the appellants who

are directed to remain present in the Court on the next date

of hearing.

11. List on 18th December, 2009.

12. Copy of this order be given 'Dasti' to learned counsel

for both the parties under signature of Court Master.

J.R. MIDHA, J NOVEMBER 11, 2009 mk