Delhi High Court
Satya Pal Ashta & Anr vs New India Assurance Company Ltd on 25 November, 2009
Author: J.R. Midha
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.481/2006
% Date of decision: 25th November, 2009
SATYA PAL ASHTA & ANR ..... Appellants
Through : Mr. Navneet Goyal and
Mr. Varun Kumar, Advs.
versus
NEW INDIA ASSURANCE COMPANY 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.5,87,000/- 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
Sarabjeet Kaur. The deceased was survived by her husband and
son who filed the claim petition before the learned Tribunal.
3. The deceased was aged 44 years at the time of the accident
and was a housewife. The learned Tribunal has taken the value
of the services of the deceased by taking 1/3rd of the income of
her husband and the multiplier of 11 was applied to compute the
loss of dependency at Rs.5,72,000/-. Rs.10,000/- has been
awarded towards funeral expenses, conveyance and loss of love
and affection and Rs.5,000/- has been awarded towards loss of
consortium. The total compensation awarded is Rs.5,87,000/-.
4. The learned counsel for the appellants submit that the
multiplier of 11 should be enhanced to 14, compensation towards
funeral expenses and loss of love and affection be enhanced,
compensation be awarded towards loss of estate and the rate of
interest be enhanced.
5. The deceased was aged 44 years at the time of the accident
and the appropriate multiplier at the age of 44 is 14. The
multiplier is, therefore, enhanced from 11 to 14.
6. The learned Tribunal has not awarded any compensation
towards loss of estate. Rs.10,000/- is awarded for loss of estate.
The compensation towards funeral expenses, loss of love and
affection and loss of consortium is fair and reasonable and does
not call any interference.
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.5,87,000/- to Rs.7,53,000/- [(Rs.13,000 x 12 x 14 x 1/3) +
Rs.10,000 + Rs.10,000 + Rs.5,000] 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 Satya Pal Ashta 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 25% of the same to appellant No.1 and 25%
to appellant No.2 by transferring to their Saving Bank Account.
The remaining amount be kept in fixed deposit in the joint names
of appellants No.1 and 2 for a period of three 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
aj
