Delhi High Court
Maya & Anr vs Sanjay Ghai & Ors on 26 October, 2009
Author: J.R. Midha
33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.502/2007
% Date of decision: 26th October, 2009
MAYA & ANR ..... Appellants
Through : Mr. D.D. Singh, Adv.
versus
SANJAY GHAI & ORS ..... Respondents
Through : Ms. Suman Bagga, 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 accident dated 4th July, 2003 resulted in the death of
Deep Chand Chauhan. The deceased was survived by his widow,
three children and a daughter who filed the claim petition before
the learned Tribunal.
2. The deceased was aged 54 years at the time of the accident
and was an agriculturist. The appellants claimed the income of
the deceased to be Rs.10,000/- per month. However, the learned
Tribunal took the income of the deceased to be Rs.4,500/- per
month, deducted 1/3rd towards the personal expenses and
applied the multiplier of 8 to compute the loss of dependency at
Rs.2,88,000/-. Rs.5,000/- has been awarded towards funeral
expenses and Rs.20,000/- towards loss of love and affection. The
total compensation awarded is Rs.3,13,000/-.
3. The learned counsel for the appellants has urged the
following grounds at the time of hearing of this appeal:-
(i) The income of the deceased be taken to be
Rs.10,000/- per month.
(ii) The personal expenses of the deceased be reduced
from 1/3rd to 1/4th.
(iii) The multiplier be enhanced from 8 to 11.
(iv) The compensation be awarded for loss of consortium
and loss of estate.
4. With respect to the income of the deceased, there is no
documentary evidence to prove the income. The learned
Tribunal has, therefore, taken the minimum wages into
consideration. The learned Tribunal has also taken into
consideration the increase in minimum wages to meet the
increase in price index and inflation rate. The finding of the
learned Tribunal taking the income of the deceased as Rs.4,500/-
per month is upheld.
5. With respect to the multiplier and personal expenses, it is
well settled by the judgment of the Hon'ble Supreme Court in the
case of Sarla Verma Vs. Delhi Transport Corporation, 2009
(6) Scale 129 that the appropriate multiplier at the age of 54
years is 11 and the appropriate deduction towards personal
expenses where the deceased has left behind 4 to 6 legal
representatives is 1/4th.
6. Following the judgment of the Hon'ble Supreme Court, the
multiplier is enhanced from 8 to 11 and the personal expenses of
the deceased are reduced from 1/3rd to 1/4th. Rs.10,000/- is
awarded towards loss of consortium and Rs.10,000/- towards loss
of estate. Taking the income of the deceased to be Rs.4,500/-
per month, deducting 1/4th towards personal expenses and
applying the multiplier of 11, the loss of dependency is computed
to be Rs.4,45,500/- (Rs.4,500 x 3/4 x 12 x 11). The appellants are
entitled to total compensation of Rs.4,90,500/- (Rs.4,45,500 +
Rs.5,000 + Rs.20,000 + Rs.10,000 + Rs.10,000).
7. The appeal is allowed and the award amount is enhanced
from Rs.3,13,000/- to Rs.4,90,500/- along with interest @7.5% per
annum from the date of filing of petition till realization.
8. The enhanced award amount along with interest be
deposited by respondent No.2 with State Bank of India, Tis Hazari
Branch A/c Maya within 30 days through Mr. H.S. Rawat,
Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb:
09717044322).
9. The order with respect to disbursement of enhanced award
amount shall be passed after hearing the claimants on the next
date of hearing. The claimants are directed to remain present in
the Court on the next date of hearing.
10. List for directions on 7th December, 2009.
J.R. MIDHA, J
OCTOBER 26, 2009
aj
