Delhi High Court
Asharfi Devi & Ors. vs Kishori Lal & Ors. on 21 October, 2009
Author: J.R. Midha
23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.237/2004
% Date of decision: 21st October, 2009
ASHARFI DEVI & ORS. ..... Appellants
Through : Mr. Y.P. Laroya, Adv.
versus
KISHORI LAL & ORS. ..... Respondents
Through : Mr. Amit Sahni, Adv. for R-1.
Mr. Sameer Nandwani, Adv.
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.1,80,000/- has been
awarded to the appellants. The appellants seek enhancement of
the award amount.
2. The accident dated 3rd May, 1999 resulted in the death of
Ram Niwas. The deceased was survived by his widow, three
minor sons, one daughter and mother who filed the claim petition
before the learned Tribunal.
3. The deceased was working as a mason at the time of the
accident. The learned Tribunal took the minimum wages of
Rs.1,000/- per month for skilled worker. After considering the
future prospects, the learned Tribunal took the income of the
deceased at Rs.1,500/- per month. 1/3rd was deducted towards
the personal expenses of the deceased and the multiplier of 15
was applied to compute the loss of dependency at Rs.1,80,000/-.
No compensation has been awarded towards loss of consortium,
loss of love and affection, loss of estate and funeral expenses.
4. The learned counsel for the appellant submits that the
personal expenses of the deceased be reduced from 1/3 rd to 1/4th
considering that the deceased left behind four legal
representatives.
5. The learned counsel for the appellants also seek
compensation towards loss of consortium, loss of love and
affection, loss of estate and funeral expenses.
6. 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 1/4th has to be deducted
towards personal expenses of the deceased who has left behind 4
to 6 legal representatives.
7. Following the aforesaid judgment, the personal expenses of
the deceased are reduced from 1/3rd to 1/4th. Applying the
multiplier of 15, loss of dependency is computed to be
Rs.2,02,500/- (Rs.1,500 x 3/4 x 12 x 15). Rs.10,000/- is awarded
towards loss of consortium, Rs.10,000/- is awarded towards loss
of love and affection, Rs.5,000/- towards loss of estate and
Rs.5,000/- towards funeral expenses. The total compensation is
computed to be Rs.2,32,500/- (Rs.2,02,500 + Rs.10,000 +
Rs.10,000 + Rs.5,000 + Rs.5,000).
8. The appeal is allowed and the award amount is enhanced
from Rs.1,80,000/- to Rs.2,32,500/-. The learned Tribunal has
awarded interest @ 9% per annum which is not disturbed on the
original award amount of Rs.1,80,000/-. However, on the
enhanced award amount, the rate of interest shall be 7.5% from
the date of the filing of the petition till realization.
9. The respondent No.3 is directed to deposit the enhanced
award amount along with interest with UCO Bank A/c Asharfi Devi
within 35 days. The order with respect to disbursement of the
award amount shall be passed on the next date of hearing after
examining the appellants who are directed to remain present in
the Court on the next date of hearing.
10. List for directions on 1st December, 2009.
11. Copy of this order be given 'Dasti' to learned counsel for
both the parties under the signature of Court Master.
J.R. MIDHA, J
OCTOBER 21, 2009
mk
