Delhi High Court
Veena Bhandari vs Bhagwan Din & Ors. on 14 October, 2009
Author: J.R. Midha
2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.276/2007
% Date of decision: 14th October, 2009
VEENA BHANDARI ..... Appellant
Through : Mr. Kamal Deep, Adv.
versus
BHAGWAN DIN & ORS. ..... Respondents
Through : Ms. Manjusha Wadhwa and
Ms. Harsh Lata, Advs. for R-3.
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.11,25,000/- has been
awarded to the appellants. The appellants seek the
enhancement of the award amount.
2. The accident dated 3rd June, 1998 resulted in the death of
Mohinder Kumar Bhandari. The deceased was survived by his
widow, two minor children and mother who filed the claim
petition before the learned Tribunal.
3. The deceased was aged 28 years at the time of the accident
and was working as Executive Operations with M/s APL (India)
Pvt. Ltd. earning Rs.9,552/- per month. The learned Tribunal took
the income of the deceased to be Rs.7,500/- after excluding
conveyance, medical reimbursement and leave travel allowance.
The learned Tribunal deducted 1/3rd towards personal expenses
of the deceased and applied the multiplier of 18 to compute the
loss of dependency at Rs.10,80,000/-. Rs.5,000/- has been
awarded towards funeral expenses, Rs.20,000/- towards loss of
consortium and loss of estate and Rs.20,000/- towards loss of
love and affection. The total compensation awarded is
Rs.11,25,000/-.
4. The learned counsel for the appellant has urged the
following grounds at the time of hearing of this appeal:-
(i) The income of the deceased be taken to be Rs.9,552/- per
month as per the salary certificate - Ex.PW2/B.
(ii) The future prospects be taken into consideration according
to the statement of PW2 and PW3 who deposed that the
colleague of the deceased was drawing Rs.16,862/- per month in
the year 1998.
(iii) The personal expenses of the deceased be reduced from
1/3rd to 1/4th.
5. The learned counsel for respondent No.3 submits that the
multiplier be reduced considering the age of the dependents of
the deceased.
6. It is well settled by the judgment of the Hon'ble Supreme
Court in the case of Sarla Verma (supra) that the appropriate
multiplier at the age of 28 is 17 and 50% has to be added
towards future prospects in respect of salaried victims and the
appropriate deduction towards personal expenses is 1/4 th where
the deceased has left behind 4 to 6 dependents.
7. Following the aforesaid judgment of the Hon'ble Supreme
Court, the multiplier is reduced from 18 to 17, 50% is added
towards future prospects and the personal expenses of the
deceased are reduced from 1/3rd to 1/4th and the compensation is
computed to be Rs.17,66,250/- [(Rs.7,500 + Rs.3,750/- towards
future prospects x 3/4 x 12 x 17) + Rs.5,000/- towards funeral
expenses + Rs.20,000/- towards loss of consortium and loss of
estate + Rs.20,000/- towards loss of love and affection]
8. The appeal is allowed and the award amount is enhanced
from Rs.11,25,000/- to Rs.17,66,250/- along with interest @ 7.5%
per annum from the date of the filing of the petition till
realization.
9. The enhanced award amount along with interest be
deposited by respondent No.3 with State Bank of India A/c Veena
Bhandari within 30 days.
10. The order with respect to the disbursement of the award
amount shall be passed on the next date of hearing after
examining the claimants who are directed to remain present
before this Court on the next date of hearing.
11. List for recording the statement of the claimants on 17 th
November, 2009.
12. Copy of the order be given dasti to counsel for both the
parties under the signatures of the Court Master.
J.R. MIDHA, J
OCTOBER 14, 2009
aj
