Saira Bano & Ors. vs Narain & Ors.
2009 Latest Caselaw 4664 Del

23
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +   MAC.APP.No.221/2007

                            Date of Decision: 16th November, 2009
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      SAIRA BANO & ORS.                  ..... Appellants
               Through : Mr. Amit Kumar Pandey, Adv.

                          versus

      NARAIN & ORS.                      ..... Respondents
               Through : Mr. R.N. Sharma, 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.10,99,000/-

has been awarded to the appellants. The appellants seek

enhancement of the award amount.

2. The accident dated 6th September, 2004 resulted in the

death of Ashaqin @ Ashkeen. The deceased was survived by

his widow, three daughters, two sons and parents who filed

the claim petition before the learned Tribunal.

3. The deceased was aged about 37 years at the time of

the accident and was carrying the business of handicrafts.

The learned Tribunal took the income of the deceased to be

Rs.1,00,000/- per annum according to the Income Tax Return

for the year 2002-2003, deducted 1/3rd towards the personal

expenses of the deceased and applied the multiplier of 16 to

compute the loss of dependency at Rs.10,72,000/-. The

learned Tribunal has awarded Rs.2,000/- towards funeral

expenses and Rs.25,000/- towards mental pain and agony

suffered by the appellants. The learned Tribunal has awarded

total compensation of Rs.10,99,000/- to the appellants.

4. The learned counsel for the appellants have urged the

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

(i) The deduction towards the personal expenses of

the deceased be reduced from 1/3rd to 1/5th.

(ii) The future prospects of the deceased be taken

into consideration.

(iii) The compensation be awarded for loss of love and

affection, loss of estate and loss of consortium.

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

annum to 7.5% per annum.

5. With respect to the personal expenses of the deceased,

it 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 that the

personal expenses of the deceased be taken to be 1/5th

where the deceased has left behind more than six

dependents.

6. Following the aforesaid judgment of the Hon'ble

Supreme Court, the personal expenses are reduced from

1/3rd to 1/5th. With respect to the future prospects, the

Hon'ble Supreme Court has taken a view that the future

prospects should be taken into consideration where the

deceased has a permanent job. The future prospects in

respect of self-employed person is not permitted by the

aforesaid judgment and, therefore, the future prospects are

declined to the appellants.

7. The learned counsel for respondent No.3 submits that

the multiplier be reduced from 16 to 15. The learned

Tribunal has applied the multiplier of 16 according to the

Second Schedule of the Motor Vehicles Act. Though the

multiplier at the age of 37 as per the judgment of the Hon'ble

Supreme Court in the case of Sarla Verma vs. DTC (Supra)

is 15, in the peculiar facts and circumstances of this case,

the multiplier of 16 is not disturbed. However, this case shall

not be treated as a precedent with respect to the multiplier

adopted.

8. The learned Tribunal has not awarded any

compensation for loss of love and affection, loss of estate

and loss of consortium. However, the learned Tribunal has

awarded Rs.25,000/- on account of mental pain and agony

suffered by the appellants which is treated to be towards

compensation on account of loss of love and affection.

Rs.10,000/- is awarded towards loss of estate and

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

9. Taking the income of the deceased to be Rs.1,00,000/-

per annum, deducting 1/5th towards the personal expenses of

the deceased, applying the multiplier of 16, adding

Rs.2,000/- towards the funeral expenses, Rs.25,000/- towards

loss of love and affection, Rs.10,000/- towards loss of estate

and Rs.10,000/- towards loss of consortium, the total

compensation computed to be Rs.13,27,000/- [(Rs.1,00,000

X 4/5 X 16) + Rs.2,000 + Rs.25,000 + Rs.10,000 +

Rs.10,000). The learned Tribunal has awarded interest @6%

per annum which is enhanced to 7.5% per annum from the

date of filing of the petition till realization.

10. The appeal is allowed and the award amount is

enhanced from Rs.10,99,000/- to Rs.13,27,000/- along with

interest @7.5% from the date of filing of the petition till

realization.

11. The enhanced award amount along with interest be

deposited by respondent No.3 with UCO Bank, Delhi High

Court Branch A/c Saira Bano by means of a cheque through

Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal,

Parliament Street, New Delhi (Mobile No. 09310356400)

within 30 days.

12. The order with respect to the disbursement of the

award amount shall be passed after examining the

appellants who are directed to remain present in Court on

the next date of hearing.

13. List on 18th December, 2009.

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

for both the parties under signature of Court Master.

J.R. MIDHA, J

NOVEMBER 16, 2009 mk