Delhi High Court
Ram Murti Devi vs State Of Haryana on 3 September, 2009
Author: J.R. Midha
21
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO.No.87/1997
Date of Decision: 3rd September, 2009
%
RAM MURTI DEVI ..... Appellant
Through : Mr. Navneet Goyal, Adv.
versus
STATE OF HARYANA ..... Respondent
Through : Mr. Yashpal Rangi and
Mr. Manjit Singh, Advs.
for R - 1 and 2.
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 appellant has challenged the award of the learned
Tribunal whereby compensation of Rs.1,40,280/- has been
awarded to the appellant. The appellant seeks enhancement
of the award amount.
2. The accident dated 10th March, 1985 resulted in the
death of Suraj Bhan. The deceased was survived by his
widow, three sons, one daughter and mother who filed the
claim petition before the learned Tribunal.
3. The deceased was working as Security Guard with Delhi
Transport Corporation earning Rs.823.75 per month. The
learned Tribunal took the future prospects into consideration.
The income of the deceased for the purpose of computation
of the compensation was taken to be Rs.1,250/-. 1/3rd was
deducted towards the personal expenses of the deceased
and the multiplier of 14 was applied to compute the loss of
dependency at Rs.1,40,280/-. No compensation has been
awarded towards the loss of consortium, loss of love and
affection, loss of estate and funeral expenses.
4. The learned counsel for the appellant submits that the
personal expenses of the deceased be reduced from 1/3 rd to
1/4th considering that the deceased left behind six
dependents and the compensation be awarded for loss of
consortium, loss of love and affection, loss of estate and
funeral expenses.
5. 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 1/4th has
to be deducted towards the personal expenses of the
deceased where the deceased left behind 4 to 6 dependents.
6. Following the aforesaid judgment, the personal
expenses of the deceased are reduced from 1/3rd to 1/4th.
The learned Tribunal has applied the multiplier of 14.
However, the appropriate multiplier according to the
judgment of the Hon'ble Supreme Court in the case of Sarla
Verma (Supra) for the age of 35 is 16. The multiplier is
enhanced from 14 to 16. Taking the income of the deceased
at Rs.1,250/-, deducting 1/4th towards the personal expenses
of the deceased and applying the multiplier of 16, the loss of
dependency of the appellant is computed to be Rs.1,80,000/-
(Rs.1,250 x 3/4 x 12 x 16). Rs.10,000/- is awarded towards
loss of consortium, Rs.5,000/- is awarded towards loss of love
and affection, Rs.5,000/- is awarded towards loss of estate
and Rs.5,000/- is awarded for funeral expenses. The total
compensation is computed to be Rs.2,05,000/- (Rs.1,80,000
+ Rs.10,000 + Rs.5,000 + Rs.5,000 + Rs.5,000).
7. The appeal is allowed. The award amount is enhanced
from Rs.1,40,280/- to Rs.2,05,000/-. The rate of interest
@12% is not disturbed on the original award amount of
Rs.1,40,280/-. However, the rate of interest @7.5% per
annum is awarded on the enhanced award amount from the
date of filing of the petition till realization.
8. Respondent Nos.1 and 2 are directed to deposit the
enhanced award amount along with interest with the learned
Tribunal within 40 days. The shares of the appellants shall
be in the same proportion as in the original award.
9. The learned Tribunal is directed to disburse the same to
the claimants without any restriction of fixed deposit.
10. Copy of this order be given 'Dasti' to learned counsel
for both the parties under the signature of Court Master.
J.R. MIDHA, J
SEPTEMBER 03, 2009/mk
