Delhi High Court
Shri Baldev Singh & Anr. vs Shri Jasmair Singh & Ors. on 19 November, 2009
Author: J.R. Midha
31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.42/2009
% Date of decision: 19th November, 2009
SHRI BALDEV SINGH & ANR. ..... Appellants
Through : Mr. S.N. Parashar, Adv.
versus
SHRI JASMAIR SINGH & ORS. ..... Respondents
Through : Mr. K.L. Nandwani, 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.4,05,000/- has been
awarded to the appellants. The appellants seek enhancement of
the award amount.
2. The accident dated 22nd October, 2000 resulted in the death
of Virender Singh. The deceased was aged about 21 years at the
time of the accident and was carrying on the business of motor
parts earning Rs.7,500/- per month. The father of the deceased
appeared in the witness box as PW-1 and deposed that his son
was Income Tax payee. The Income Tax Return for the year
1999-2000 was exhibited as Ex.P-3 according to which the
income of the deceased from the said business was
Rs.53,503/- per annum. PW-1 further deposed that his son had
passed Senior Secondary from Guru HarKishan Public School in
1995 and National Trade Certificate course in General Electronics
from the Department of Training and Technical Education, Delhi
in the year 1999. He also deposed that the income of the
deceased would have got tripled during his lifetime if he had not
died due to the accident.
3. The learned Tribunal has taken the minimum wages into
consideration to compute the loss of dependency of the appellant
at Rs.4,05,000/-. The learned Tribunal has not taken Ex.P-3 into
consideration. The finding of the learned Tribunal in taking the
minimum wages into consideration to compute the compensation
is not based on evidence on record and is, therefore, set aside.
4. The income of the deceased is taken to be Rs.53,503/- per
annum as per Ex.P-3. The appellants have also successfully
proved the future prospects and, therefore, 50% is added
towards the future prospects of the deceased.
5. The deceased was unmarried and therefore 50% of the
income is deducted towards his personal expenses. The
deceased was aged 21 years and his parents were aged 46 and
52 years respectively at the time of accident. The appropriate
multiplier at the age of 46 years is 13. However, the learned
Tribunal has applied the multiplier of 15 which is reduced to 13.
Taking the income of the deceased to be Rs.53,503/-, adding 50%
towards future prospects, deducting 50% towards personal
expenses and applying the multiplier of 13, the loss of
dependency of the deceased is computed to be Rs.5,21,654/-
[(Rs.53,503 + 50% towards future prospects) - 50% towards
personal expenses x multiplier of 13].
6. The learned Tribunal has awarded Rs.40,000/- towards loss
of love and affection and Rs.10,000/- towards funeral expenses .
No compensation has been awarded for loss of estate.
Rs.10,000/- is awarded towards loss of estate. The total
compensation is computed to be Rs.5,81,654/- (Rs.5,21,654 +
Rs.40,000+ Rs.10,000 + Rs.10,000).
7. The appeal is allowed and the award amount is enhanced
from Rs.4,05,000 /- to Rs.5,81,654/- 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 Account, Delhi High
Court Branch A/c Jagjit Kaur 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.
9. Upon the aforesaid deposit has been made, UCO is directed
to release 50% of the said amount to Baldev Singh and Jagjit Kaur
by transferring the same to their Saving Bank account.
10. The remaining amount be kept in fixed deposit for a period
of one year with cumulative interest.
11. List for compliance on 8th January, 2010.
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 19, 2009/sk
