Sheela Sharma & Ors. vs Shiv Prasad Sahu & Ors.
2009 Latest Caselaw 3651 Del

18
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +      FAO.No.791/2003

                              Date of Decision: 9th September, 2009
%

      SHEELA SHARMA & ORS.             ..... Appellants
                   Through : Mr. Saurabh Sharma, Adv.

                     versus

      SHIV PRASAD SAHU & ORS.            ..... Respondents
                    Through : Mr. D.K. Sharma, Adv.
                              for R - 3.

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?     Not Necessary

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.65,000/- has

been awarded to the appellants. The appellants seek

enhancement of the award amount.

2. The accident dated 4th April, 2002 resulted in the death

of Laxmi Narain Sharma. The deceased was survived by his

widow, one son and two daughters who filed the claim

petition before the learned Tribunal.

3. The deceased was aged 68 years at the time of the

accident. The deceased had retired from Government

Service and was getting a pension of Rs.5,000/- per month.

After the death of the deceased, appellant No.1 was

receiving the family pension of Rs.3,000/- per month. The

learned Tribunal has awarded a sum of Rs.65,000/- towards

the pain and sufferings and funeral expenses to the

appellants. No amount has been awarded towards the loss

of consortium and loss of estate.

4. The learned counsel for the appellants submit that the

compensation be awarded for loss of love and affection, loss

of consortium and loss of estate.

5. The compensation for pain and sufferings awarded by

the learned Tribunal is treated towards the compensation for

loss of love and affection and, therefore, no further

compensation is awarded for loss of love and affection.

However, the appellants are entitled to the compensation for

loss of consortium and loss of estate.

6. The Hon'ble Supreme Court in the case of Sarla Verma

Vs. Delhi Transport Corporation, 2009 (6) Scale 129

has held that Rs.5,000/- to Rs.10,000/- should be awarded for

loss of consortium and Rs.5,000/- to Rs.10,000/- should be

awarded for loss of estate.

7. Following the aforesaid judgment of the Hon'ble

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

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

estate.

8. The appeal is allowed. The award amount is enhanced

from Rs.65,000/- to Rs.85,000/- along with interest @ 8% per

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

9. Respondent No.3 is directed to deposit the enhanced

award amount along with interest with the learned Tribunal

within 30 days. The appellants shall have equal share in the

enhanced award amount.

10. Upon the enhanced award amount being deposited, the

learned Tribunal is directed to release the same to the

appellants without any restriction of fixed deposit.

11. 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 09, 2009 mk