Delhi High Court
P.K.Omana Mohan Das & Anr vs Union Of India & Ors on 23 October, 2009
Author: J.R. Midha
8
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO.No.122/1999
Date of Decision: 23rd October, 2009
%
P.K.OMANA MOHAN DAS & ANR ..... Appellants
Through : Mr. S. Janani and
Ms. Aakansha Sharma, Advs.
versus
UNION OF INDIA & ORS ..... Respondents
Through : Mr. Suraj Prakash, 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.4,36,700/- has
been awarded to the appellants. The appellants seek
enhancement of the award amount.
2. The accident dated 10th October, 1994 resulted in the
death of Hawaldar P. Mohan Dass. The deceased was
survived by his widow and minor daughter who filed the
claim petition before the learned Tribunal.
3. The deceased was working as a Hawaldar with Army
and was earning Rs.3,255/- per month. The learned Tribunal
deducted Rs.1,030/- towards the personal expenses of the
deceased and applied the multiplier of 16 to compute the
loss of dependency at Rs.4,27,200/-. The learned Tribunal
has awarded Rs.5,000/- towards loss of consortium,
Rs.3,500/- towards loss of estate and Rs.2,000/- towards
funeral expenses. The total compensation awarded is
Rs.4,36,700/-.
4. The learned counsel for the appellants submit that the
appellant was staying in the Government accommodation
allotted to the deceased and Rs.170/- was the HRA at that
time and, therefore, Rs.170/- should have been added to the
monthly income of the deceased. The learned counsel for
the appellant further submits that the learned Tribunal has
not taken the future prospects into consideration for
computing the loss of dependency. The learned counsel also
seeks enhancement of the compensation for funeral
expenses, loss of estate and loss of consortium. The learned
counsel further submits that no compensation has been
awarded towards the loss of love and affection which should
be awarded to the appellants.
5. With respect to the claim of Rs.170/- per month towards
compensation in lieu of the accommodation, the contention
of learned counsel for the appellant is accepted and Rs.170/-
is added to the monthly income of the deceased. The
monthly income of the deceased is taken to be Rs.3,425/-
(Rs.3,255 + Rs.170). The learned Tribunal has not taken the
future prospects into consideration. 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 50% has to be added towards the future
prospects where the deceased was less than 40 years old
and had a permanent job.
6. Following the aforesaid judgment of the Hon'ble
Supreme Court, 50% is added towards the future prospects
of the deceased and 1/3rd is deducted towards the personal
expenses of the deceased. The loss of dependency of the
appellant is computed to be Rs.6,57,600/- [(Rs.3,425 + 50%
of Rs.3,425) x 2/3 x 12 x 16]. The learned Tribunal has not
awarded any compensation towards loss of love and
affection. Rs.10,000/- is awarded towards the loss of love
and affection. The learned Tribunal has awarded a sum of
Rs.2,000/- towards the funeral expenses against the claim of
Rs.22,093/- duly proved by the evidence of PW3 and PW4
that the body of the deceased was embalmed at Lady
Hardinge Medical College, New Delhi and was air lifted to
Cochin for further transportation to the native place. The
appellants and her parents-in-law accompanied the dead
body. The air tickets were proved as Ex.PW3/2 and
Ex.PW3/3. The appellants incurred an expenditure of
Rs.33,653/- against which the employer paid a sum of
Rs.11,560/- only. It has been proved by sufficient evidence
that the appellants incurred an expenditure of Rs.22,093/-. It
is quite surprising to note the finding of the learned Tribunal
that the appellants have been adequately compensated and
only Rs.2,000/- has been awarded by the learned Tribunal.
The finding of the learned Tribunal in this regard is set aside
and the expenses towards the transportation of dead body,
travel of the appellants and funeral expenses are enhanced
from Rs.2,000/- to Rs.22,093/-. The learned Tribunal has
awarded Rs.5,000/- towards the loss of consortium which is
not disturbed. Considering that the accident occurred in the
year 1994, compensation for loss of estate is enhanced from
Rs.3,500/- to Rs.5,000/-.
7. The appellants are entitled to total compensation of
Rs.6,99,693/- (Rs.6,57,600 + Rs.22,093 + Rs.5,000 +
Rs.5,000 + Rs.10,000).
8. The appeal is allowed and the award amount is
enhanced from Rs.4,36,700/- to Rs.6,99,693/-. The learned
Tribunal has awarded interest at the rate of 12% per annum
which is not disturbed on the original award amount of
Rs.4,36,700/-. However, on the enhanced award amount, the
rate of interest shall be 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 within 30 days with State Bank
of India, Tis Hazari Branch, Delhi.
10. The deposit be made by means of a cheque drawn in
the name of State Bank of India A/c P.K. Omana Mohan Dass
and be handed over to Mr. H.S. Rawat, Relationship Manager,
Tis Hazari Branch, Tis Hazari (Mb: 09717044322).
11. During the pendency of the appellant, respondent No.4
has expired. The rights of respondent No.4 have been
devolved upon the appellants who are substituted in place of
respondent No.4.
12. The order with respect to the 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 Court on 8th December, 2009.
13. Copy of this order be given 'Dasti' to learned counsel
for both the parties under signature of Court Master.
14. All pending applications stand disposed of.
J.R. MIDHA, J
OCTOBER 23, 2009
mk
