Delhi High Court
Sanju Devi & Ors vs Arvind Kumar & Ors on 23 November, 2009
Author: J.R. Midha
19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.371/2008
% Date of decision: 23rd November, 2009
SANJU DEVI & ORS ..... Appellants
Through : Mr. Amit Kumar Pandey, Adv.
versus
ARVIND KUMAR & ORS ..... Respondents
Through : Mr. D.K. 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.17,48,000/- has been
awarded to the appellants. The appellants seek enhancement of
the award amount.
2. The accident dated 6th March, 2004 resulted in the death of
Satya Bir Singh. The deceased was survived by his widow, three
daughters and parents who filed the claim petition before the
learned Tribunal.
3. The deceased was aged 35 years at the time of the accident
and was earning Rs.8,033/- per month which was rounded off to
Rs.8,000/- per month. The learned Tribunal added 50% towards
future prospects of the deceased, deducted 1/4 th towards the
personal expenses and applied the multiplier of 16 to compute
the loss of dependency at Rs.17,28,000/-. The learned Tribunal
has awarded Rs.20,000/- towards loss of love and affection, loss
of consortium and funeral expenses. The total compensation
awarded is Rs.17,48,000/-.
4. The learned counsel for the appellants has urged the
following grounds at the time of hearing of this appeal:-
(i) The personal expenses of the deceased be reduced
from 1/4th to 1/5th.
(ii) The compensation for loss of love and affection be
enhanced.
(iii) The compensation be awarded for loss of estate.
(iv) The rate of interest be enhanced.
5. With respect to the personal expenses of the deceased, the
learned Tribunal has deducted 1/4th of the income. In the recent
judgment of the Hon'ble Supreme Court in the case of Sarla
Verma Vs. Delhi Transport Corporation, 2009 (6) Scale
129, the appropriate deduction towards the personal expenses
where the deceased has left behind 4 to 6 dependents is 1/4th.
The deduction of 1/4th by the learned Tribunal is, therefore,
upheld.
6. The learned Tribunal has awarded Rs.20,000/- towards loss
of consortium, funeral expenses and loss of love and affection
which is on a lower side.
7. The compensation of Rs.20,000/- awarded by the learned
Tribunal is treated to be towards loss of consortium and funeral
expenses. Rs.20,000/- is awarded towards loss of love and
affection. The learned Tribunal has not awarded any
compensation for loss of estate. Rs.10,000/- is awarded towards
loss of estate. The learned Tribunal has awarded interest @7%
per annum which is enhanced to 7.5% per annum. The total
compensation is computed to be Rs.17,78,000/- (Rs.17,28,000 +
Rs.20,000 + Rs.20,000 + Rs.10,000).
8. The appeal is allowed and the award amount is enhanced
from Rs.17,48,000/- to Rs.17,78,000/- along with interest @7.5%
per annum from the date of filing of the petition till realization.
9. The enhanced award amount along with interest be
deposited by respondent No.3 with UCO Bank, Delhi High Court
Branch A/c Sanju Devi 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.
10. Upon the aforesaid amount being deposited, UCO Bank is
directed to release the said amount to appellant No.1 by
transferring the said amount to her Saving Bank Account.
11. 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
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