Delhi High Court
Amar Kaur & Ors. vs Tek Chand & Ors. on 26 October, 2009
Author: J.R. Midha
36
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO.No.21/1992
Date of Decision: 26rd October, 2009
%
AMAR KAUR & ORS. ..... Appellants
Through : Mr. V.P. Chaudhary, Sr. Adv.
with Mr. Nitinjya Chaudhary
and Ms. Sushma, Advs.
versus
TEK CHAND & ORS. ..... Respondents
Through : Mr. Mohan Babu Aggarwal, Adv.
for R-4.
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.2,30,000/- has
been awarded to the appellants. The appellants seek
enhancement of the award amount.
2. The accident dated 22nd June, 1988 resulted in the
death of Shiv Narain. The deceased was survived by his
widow, two sons, two daughters and parents who filed the
claim petition before the learned Tribunal.
3. The deceased was aged 42 years at the time of the
accident and was working as Head Clerk with Delhi
Administration earning Rs.1,916/- per month. The learned
Tribunal deducted Rs.716/- towards the personal expenses of
the deceased and applied the multiplier of 16 to compute the
loss of dependency at Rs.2,30,400/-, rounded of as
Rs.2,30,000/-.
4. The learned Senior counsel for the appellant urged the
following grounds at the time of hearing of this appeal.
(i) The future prospects of the deceased be taken
into consideration.
(ii) The personal expenses of the deceased be
reduced from 1/3rd to 1/5th.
(iii) The compensation under the heads of loss of
consortium, loss of love and affection, loss of
estate and funeral expenses be awarded.
5. The law with respect to the death of a person in a road
accident 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 where it has
been held that the future prospects of the deceased between
the age of 40 to 50 years has to be taken into consideration
by adding 30% of his salary and the personal expenses of the
deceased who left behind more than six legal
representatives is 1/5th. The Hon'ble Supreme Court has
further held that appropriate multiplier at the age of 42 is 14
and, therefore, the multiplier applied by the learned Tribunal
is liable to be reduced from 16 to 14.
6. Following the aforesaid judgment of the Hon'ble
Supreme Court, 30% of the salary of the deceased is added
towards the future prospects, the personal expenses are
reduced from Rs.716/- per month to 1/5th and the multiplier is
reduced from 16 to 14. The loss of dependency is computed
to be Rs.3,34,763.52 [(Rs.1,916 + 30%) x 4/5 x 12 x 14]
Rs.10,000/- is awarded towards the loss of consortium,
Rs.10,000/- towards the loss of love and affection, Rs.5,000/-
towards the loss of estate and Rs.5,000/- towards the funeral
expenses. The total compensation is computed to be
Rs.3,64,763.52 (Rs.3,34,763.52 + Rs.10,000 + Rs.10,000 +
Rs.5,000 + Rs.5,000).
7. The appeal is allowed and the award amount is
enhanced from Rs.2,30,000/- to Rs.3,64,763.52. The learned
Tribunal has awarded interest @ 12% per annum which is not
disturbed on the original award amount of Rs.2,30,000/-.
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.
8. Respondent No.3 is directed to deposit the enhanced
award amount along with interest with the UCO Bank, Delhi
High Court Branch within 30 days.
9. The deposit be made by means of a cheque drawn in
the name of UCO Bank A/c Om Prakash.
10. 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 Court on the next date of hearing.
11. List the appeal for directions on 14th December, 2009.
J.R. MIDHA, J
OCTOBER 26, 2009
mk
