Ram Chander &Ors. vs Tirath Singh & Ors.
2009 Latest Caselaw 4350 Del

43
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +       MAC.APP.No.467/2005

%                                  Date of decision: 27th October, 2009


      RAM CHANDER &ORS.                       ..... Appellants
                   Through : Mr. Akshai Malik, Adv.

                      versus

      TIRATH SINGH & ORS.               ..... Respondents
                    Through : Mr. Manoj Ranjan Sinha, Adv.
                              for R-2.

CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?

3.      Whether the judgment should be
        reported in the Digest?

                               JUDGMENT (Oral)

1. The appellants have challenged the award of the learned

Tribunal whereby compensation of Rs.4,29,760/- has been

awarded to the appellants. The appellants seek enhancement of

the award amount.

2. The accident dated 23rd October, 1997 resulted in the death

of Braham Prakash. The deceased was survived by his widow

and parents who filed the claim petition before the learned

Tribunal.

3. The deceased was aged 26 years at the time of the accident

and was working as a vegetable vendor earning Rs.3,000/- to Rs.

3,500/- per month. However, in the absence of any documentary

evidence in support of the income, the learned Tribunal took the

minimum wages of Rs.1,860/- and after taking the future

prospects into consideration, and applying the multiplier of 18,

the loss of dependency was computed as Rs.4,01,760/-.

Rs.5,000/- has been awarded towards loss of consortium,

Rs.10,000/- towards loss of love and affection, Rs.10,000/-

towards loss of expectancy of life and Rs.3,000/- towards funeral

expenses. The total compensation awarded is Rs.4,29,760/-.

4. The learned counsel for the appellants submit that the

widow of the deceased remarried after the accident and has left

the appellants who are the parents of the deceased and were

solely dependent upon the deceased. The appellants are poor

persons working as labourers. The widow of the deceased has

not challenged the award before this Court. The appellants have

challenged the award on the ground that no compensation has

been awarded towards the loss of estate. The appellants further

submit that the compensation for loss of love and affection is

inadequate and should be enhanced.

5. In the peculiar facts and circumstances of this case and

considering the condition of the appellants who are present in the

Court, Rs.10,000/- is awarded towards loss of estate and the

compensation for loss of love and affection is enhanced from

Rs.10,000/- to Rs.25,000/-.

6. The appeal is allowed and the award amount is enhanced

from Rs.4,29,760/- to Rs.4,54,760/- ( Rs.4,01,760 + Rs.5,000 +

Rs.10,000 + Rs.25,000 + Rs.3,000 + Rs.10,000). The learned

Tribunal has awarded interest @9% per annum which is not

disturbed on the original award amount. However, on the

enhanced award amount, rate of interest shall be 7.5% per

annum.

7. Respondent No.2 is directed to deposit the enhanced award

amount along with interest with UCO Bank A/c Kamla Devi within

30 days.

8. Upon the said amount being deposited, UCO Bank is

directed to release 50% of the same to the appellants by

transferring the same to their joint Saving Bank Account. The

remaining 50% amount be kept in fixed deposit for a period of

one year.

9. Copy of this order be given 'Dasti' to learned counsel for the

parties under the signature of Court Master.

J.R. MIDHA, J

OCTOBER 27, 2009 aj