Delhi High Court
Sunita & Ors. vs New India Assurance Co. Ltd. & on 25 November, 2009
Author: J.R. Midha
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.341/2006
% Date of decision: 25th November, 2009
SUNITA & ORS. ..... Appellants
Through : Mr. Navneet Goyal and
Mr. Varun Kumar, Advs.
versus
NEW INDIA ASSURANCE CO. LTD. & ..... Respondent
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.4,97,000/- has been
awarded to the appellants. The appellants seek enhancement of
the award amount.
2. The accident dated 15th July, 1997 resulted in the death of
Jasdev Singh. The deceased was survived by his widow, two
minor sons and mother who filed the claim petition before the
learned Tribunal.
3. The deceased was aged 29 years at the time of the accident
and was carrying on the business of building material supplier.
The learned Tribunal took his income to be Rs.40,000/- per
annum, deducted 1/3rd towards personal expenses and applied
the multiplier of 18 to compute the loss of dependency at
Rs.4,77,000/-. Rs.10,000/- has been awarded towards funeral
expenses and Rs.10,000/- towards loss of consortium and love
and affection. The total compensation awarded is Rs.4,97,000/-.
4. The learned counsel for the appellants submit that the
deduction towards personal expenses be reduced from 1/3 rd to
1/4th and compensation towards loss of consortium and love and
affection be enhanced. The learned counsel further seeks
compensation towards loss of estate and enhancement in the
rate of interest.
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 the personal expenses in
respect of the deceased who has left behind 4 to 6 legal
dependents is 1/4th. Following the aforesaid judgment, the
personal expenses of the deceased are reduced from 1/3 rd to
1/4th. Taking the income to be Rs.40,000/- per annum, deducting
1/4th towards personal expenses and applying the multiplier of
18, the loss of dependency is computed to be Rs.5,40,000/-
(Rs.40,000 x 18 x 3/4).
6. The learned Tribunal has awarded Rs.10,000/- towards loss
of consortium and loss of love and affection. The compensation
of Rs.10,000/- is treated to be towards loss of consortium only.
Rs.10,000/- is awarded towards loss of love and affection and
Rs.10,000/- towards loss of estate. The total compensation is
computed to be Rs.5,80,000/- (Rs.5,40,000 + Rs.10,000 +
Rs.10,000 + Rs.10,000 + Rs.10,000).
7. The learned Tribunal has awarded interest @5.5% per
annum which is enhanced to 7.5% per annum following the
aforesaid judgment of the Hon'ble Supreme Court in the case of
Dharampal vs. U.P. State Road Transport Corporation, III
2008 ACC (1) SC.
8. The appeal is allowed and the award amount is enhanced
from Rs.4,97,000/- to Rs.5,80,000/- 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.1 with UCO Bank, Delhi High Court
Branch A/c Sunita 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 deposit being made, UCO Bank is
directed to release 50% of the same to appellant No.1 by
transferring to her Saving Bank Account. The remaining amount
be kept in fixed deposit in the name of appellant No.1 for a period
of 2½ years with cumulative interest.
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 25, 2009
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