Delhi High Court
Prem Prakash & Ors vs Panni Lal & Ors. on 23 November, 2009
Author: J.R. Midha
26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO.No.12/1995
% Date of decision: 23rd November, 2009
PREM PRAKASH & ORS ..... Appellants
Through : Mr. Navneet Goyal, Adv.
versus
PANNI LAL & ORS. ..... Respondents
Through : Mr. Pankaj Seth, Adv. for R-4.
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.3,84,000/- has been
awarded to the appellants. The appellants seek enhancement of
the award amount.
2. The accident dated 21st November, 1987 resulted in the
death of Sujata. The deceased was survived by her husband and
two minor children who filed the claim petition before the learned
Tribunal.
3. The deceased was aged 30 years at the time of the accident
and was working as TGT Teacher in Government Girls Higher
Secondary School, Madangir, Delhi drawing a salary of Rs.2,310/-
per month. The learned Tribunal took the income of the
deceased as Rs.3,000/- per month, deducted 1/3rd towards the
personal expenses of the deceased and applied the multiplier of
16 to compute the loss of dependency at Rs.3,84,000/-.
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 into
consideration by adding 50% towards the future
prospects.
(ii) The compensation be awarded for loss of love and
affection, loss of estate, loss of consortium and funeral
expenses.
5. 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 in respect of deceased
aged less than 40 years, 50% has to be added towards future
prospects.
6. Following the aforesaid judgment, the income of the
deceased is taken to be Rs.3,465/- (Rs.2,310 + 50% of Rs.2,310).
7. The learned Tribunal has not awarded any compensation for
loss of love and affection, loss of estate, loss of consortium and
funeral expenses. Considering the accident to be of the year
1987, Rs.5,000/- is awarded towards loss of love and affection,
Rs.5,000/- is awarded towards loss of estate, Rs.5,000/- is
awarded towards loss of consortium and Rs.5,000/- is awarded
towards funeral expenses.
8. Taking the income of the deceased to be Rs.3,465/-,
deducting 1/3rd towards the personal expenses of the deceased,
applying the multiplier of 16, adding Rs.5,000/- towards loss of
love and affection, Rs.5,000/- towards loss of estate, Rs.5,000/-
towards loss of consortium and Rs.5,000/- towards funeral
expenses, the total compensation is computed to be
Rs.4,63,520/- [(Rs.3,465 X 2/3 X 12 X 16) + Rs.5,000 + Rs.5,000
+ Rs.5,000 + Rs.5,000).
9. The appeal is allowed and the award amount is enhanced
from Rs.3,84,000/- to Rs.4,63,520/-. The learned Tribunal has
awarded interest @ 12% per annum which is not disturbed on the
original award amount of Rs.3,84,000/-. 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 along with interest be
deposited by respondent No.4 with UCO Bank, Delhi High Court
Branch A/c Prem Parkash 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.
11. 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.
12. List the appeal on 22nd 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 23, 2009
mk
