Kundan Singh & Anr. vs Ram Hari & Ors.
2009 Latest Caselaw 3631 Del

4
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +       MAC.APP.No.202/2009

%                                 Date of decision: 8th September, 2009


      KUNDAN SINGH & ANR.               ..... Appellants
                   Through : Mr. N.K. Kapoor, Adv.

                      versus

      RAM HARI & ORS.                    ..... Respondents
                    Through : Ms. Sonia Sharma, 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.5,13,000/- has been

awarded to the appellants. The appellants seek enhancement of

the award amount.

2. The accident dated 26th September, 2007 resulted in the

death of Man Mohan. The deceased was survived by his parents

who filed the claim petition before the learned Tribunal.

3. The deceased was aged 22 years at the time of the accident

and was working as a Executive in a private firm earning

Rs.8,000/- per month. However, in the absence of any

documentary evidence to prove the income, the learned Tribunal

took the minimum wages of Rs.4,000/- into consideration. 50%

was added towards the future prospects and the income of the

deceased for computation of compensation was taken to be

Rs.6,000/- per month. The mother of the deceased was 40 years

old and the father of the deceased was 48 years old at the time

of the accident and the appropriate multiplier according to the

recent judgment of the Hon'ble Supreme Court in the case of

Sarla Verma Vs. Delhi Transport Corporation, 2009 (6)

Scale 129 is 15. However, the learned Tribunal has applied the

multiplier of 13 to compute the loss of dependency.

4. The only ground urged by learned counsel for the appellants

at the time of hearing of this appeal is that the multiplier be

enhanced from 13 to 15 according to the judgment of the Hon'ble

Supreme Court in the case of Sarla Verma (supra).

5. Following the aforesaid judgment, the multiplier is

enhanced from 13 to 15. The loss of dependency by taking the

income of the deceased to be Rs.6,000/- per month, deducting

1/2 towards the income of the deceased and applying the

multiplier of 15 is computed to be Rs.5,40,000/- (Rs.6,000 x 1/2 x

12 x 15). Adding Rs.30,000/- towards the loss of love and

affection, Rs.10,000/- towards funeral expenses and Rs.5,000/-

towards loss of estate, the total compensation is computed to be

Rs.5,85,000/- ( Rs.5,40,000 + Rs.30,000 + Rs.10,000 +

Rs.5,000).

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

from Rs.5,13,000/- to Rs.5,85,000/- along with interest @7.5% per

annum from the date of filing of the petition till realization.

7. The enhanced award amount along with interest be

deposited by the appellant with the learned Tribunal within a

period of 30 days.

8. Upon such deposit being made, the learned Tribunal is

directed to release 50% of the enhanced award amount along

with interest to the appellants and the remaining 50% be kept in

fixed deposit in a nationalized bank for a period of three years on

which periodical interest be paid to the appellants but no loan,

advance or withdrawal be permitted without the permission of

the learned Tribunal

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

parties under the signature of Court Master.

J.R. MIDHA, J

SEPTEMBER 08, 2009 aj