Delhi High Court
Usha Sharma & Ors. vs Ram Hari Sharma Etc. on 30 November, 2009
Author: J.R. Midha
9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC APP. NO. 228/2009
% Date of decision: 30th November, 2009
USHA SHARMA & ORS. ..... Appellants
Through: Mr.Jatinder Kamra, Advocate.
versus
RAM HARI SHARMA ETC. ..... Respondents
Through: Mr.J.P.N.Shahi, Advocate.
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.15,26,730/- has been
awarded to the appellants. The appellants seek enhancement of
the award amount.
2. The accident dated 23rd February, 2004 resulted in the death
of Radhe Shyam. The deceased was survived by his widow, three
sons, one daughter and parents, who filed the claim petition before
the learned Tribunal.
3. The deceased was aged 44 years at the time of the accident
and was working as a Clerk/Record Keeper with Oriental Bank of
Commerce, Janak Puri, New Delhi, earning Rs.10,494.30 per month.
The learned Tribunal deducted 1/4th towards personal expenses of
the deceased and applied the multiplier of 15 to compute the loss of
dependency as Rs.14,16,730/-. Rs.50,000/- have been awarded
towards loss of consortium, Rs.50,000/- towards loss of love and
affection and Rs.10,000/- towards funeral expenses. The total
compensation is Rs.15,26,730/-.
4. Learned counsel for the appellants submits that the personal
expenses of the deceased be reduced from 1/4th to 1/5th and 30% be
added towards future prospects of the deceased, in terms of the
Hon'ble Supreme Court's decision in the case of Sarla Verma Vs.
Delhi Transport Corporation, 2009(6) Scale 129.
5. The deceased had left seven dependents/legal representatives
and, therefore, appropriate deduction towards personal expenses is
1/5th. The deceased was aged 44 years at the time of the accident
and had a permanent job with Oriental Bank of Commerce and,
therefore, 30% of his salary is added towards future prospects
following the judgment of the Hon'ble Supreme Court in the case of
Sarla Verma (supra).
6. The learned Tribunal has applied the multiplier of 15.
However, at the age of 44, the multiplier should be 14. The
multiplier is, therefore, reduced from 15 to 14.
7. The personal expenses of the deceased are reduced from 1/4th
to 1/5th and 30% of the income is added towards future prospects.
Taking the income of the deceased to be Rs.13,642.59.
(Rs.10,494.30 + 30%), deducting 1/5th towards personal expenses
and applying multiplier of 14, the loss of dependency is computed to
be Rs.18,33,564/-.
8. The learned Tribunal has not awarded compensation towards
loss of estate. However, the compensation awarded for loss of
consortium is on a higher side. The compensation for loss of estate
is, therefore, deemed to be included in the compensation of loss of
consortium. The total compensation is computed to be
Rs.19,43,564/- (Rs.18,33,564 + Rs.50,000 + Rs.10,000 +
Rs.50,000).
9. The appeal is allowed and the award amount is enhanced from
Rs.15,26,730/- to Rs.19,43,564/-. The learned Tribunal has awarded
interest @ 9% which is not disturbed on the original awarded
amount of Rs.15,26,730/-. However, on the enhanced award, the
rate of interest shall be 7% per annum from the date of filing of the
petition till realization.
10. The enhanced compensation amount along with interest be
deposited by respondent No.2 with UCO Bank, A/c Usha Sharma
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 on 24th February, 2010.
13. Copy of this order be given 'Dasti' to learned counsel for the
parties under signatures of the Court Master.
J.R. MIDHA, J.
NOVEMBER 30, 2009
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