Delhi High Court
Vansh & Ors. vs Atta Mohd. & Ors. on 23 October, 2009
Author: J.R. Midha
26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.88/2009
% Date of decision: 23rd October, 2009
VANSH & ORS. ..... Appellants
Through : Mr. O.P. Mannie, Adv.
versus
ATTA MOHD. & ORS. ..... Respondents
Through : Mr. Pradeep Gaur, 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.12,84,000/- has been
awarded to the appellants. The appellants seek enhancement of
the award amount.
2. The accident dated 21st April, 2007 resulted in the death of
Lalit Kumar. The deceased was survived by his two minor
children aged 3½ years and 5 years and the parents who filed the
claim petition before the learned Tribunal.
3. The deceased was aged 32 years at the time of the accident
and was working as an Accountant earning Rs.8,000/- per month.
The learned Tribunal took the future prospects into consideration
by taking average of Rs.8,000/- and Rs.16,000/-. The learned
Tribunal deducted 1/2 towards the personal expenses of the
deceased and applied the multiplier of 17 to compute the loss of
dependency at Rs.12,24,000/-, Rs.50,000/- has been awarded
towards loss of love and affection and loss of consortium and
Rs.10,000/- towards funeral expenses. The total compensation
awarded is Rs 12,84,000/-.
4. The learned counsel for the appellants submit that the
personal expenses of the deceased be reduced from 1/2 to 1/4 in
terms of the judgment of the Hon'ble Supreme Court in the case
of Sarla Verma Vs. Delhi Transport Corporation, 2009 (6)
Scale 129. The learned counsel for the appellants also seek
compensation for loss of estate.
5. It is well-settled by the Hon'ble Supreme Court in case of
Sarla Verma (supra) that where the deceased has left
behind 3 to 6 legal representatives, the appropriate deduction
is 1/4th.
6. The learned counsel for respondent no.3 submits that the
personal expenses of the deceased should be taken to be 1/2 and
at the most 1/3rd because in a connected case arising out of the
same accident relating to the death of the mother of two minor
children namely appellants No 1 and 2, the learned Tribunal has
awarded compensation towards the death of the mother and,
therefore, the personal expenses in this case should be reduced.
7. I do not agree with the contention of learned counsel for
respondent no.3. The principle of computation of compensation is
well settled by the Hon'ble Supreme Court in the case of Sarla
Verma (Supra) and respondent no 3 cannot claim unjust
enrichment due to the death of mother of two minor children in
another case. According to the learned counsel for the
respondent no.3, the children have sufficient funds available with
them on account of compensation having been awarded out of
the death of their mother. This argument is rejected. The two
minor children have lost both their parents in the road accident
and the compensation has to be computed according to the well
settled principles of law and the objection raised by learned
counsel for respondent no.3 is not sustainable.
8. Following the aforesaid judgment of the Hon'ble Supreme
Court, the personal expenses of the deceased are reduced from
1/2 to 1/4th. The learned Tribunal has applied the multiplier of 17.
However, according to the judgment of Sarla Verma (supra), the
appropriate multiplier at the age of 32 years is 16. The multiplier
is, therefore, reduced from 17 to 16. Taking the income of the
deceased to be Rs.12,000/- per month, deducting 1/4th towards
the personal expenses and applying the multiplier of 16, loss of
dependency is computed to Rs.17,28,000/- ( Rs.12,000 x 3/4 x 12
x 16).
9. The learned Tribunal has not awarded any compensation
towards loss of estate. However, since Rs.50,000/- has already
been awarded towards loss of love and affection, no further
amount is awarded towards loss of estate. The appellants are
entitled to total compensation of Rs.17,88,000/- (Rs.17,28,000 +
Rs.50,000 + Rs.10,000).
10. The appeal is allowed and the award amount is enhanced
from Rs.12,84,000/- to Rs.17,88,000/- along with interest @7.5%
per annum.
11. The enhanced award amount along with interest be
deposited by respondent no.3 with UCO Bank, Delhi High Court
Branch within 30 days. The deposit be made by means of a
cheque drawn in the name of UCO Bank A/c Vansh.
12. 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, next date of hearing.
13. List the appeal on 17th December, 2009.
14. Copy of this order be given 'Dasti' to learned counsel for
both the parties under signature of Court Master.
J.R. MIDHA, J
OCTOBER 23, 2009
aj
