Delhi High Court
New India Assurance Co.Ltd. vs Gursharan Kaur & Ors on 22 September, 2009
Author: J.R. Midha
4
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO.No.207/1999
Date of Decision: 22nd September, 2009
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NEW INDIA ASSURANCE CO.LTD. ..... Appellant
Through : Mr. D.K. Sharma, Adv.
versus
GURSHARAN KAUR & ORS ..... Respondents
Through : Mr. D.D. Singh, 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)
CM No.5467/1999
1. For the reasons stated in the application and also
noting that the claimants have good case on merits, the
delay in filing of the cross-objections is condoned.
2. The application stands disposed of.
CM No.5466/2009
1. The learned Tribunal has awarded a sum of
Rs.7,20,000/- to the claimants who have filed this cross-
objections for enhancement of the award amount.
2. The accident dated 16th June, 1994 resulted in the
death of Malkiat Singh. The deceased was survived by his
widow, son, daughter and father who filed the claim petition
before the learned Tribunal.
3. The deceased was aged 36 years at the time of the
accident and was carrying on his business of contractorship.
The learned Tribunal took the income of the deceased to be
Rs.7,000/- per month and deducted Rs.2,000/- towards
personal expenses of the deceased. The loss of dependency
of the claimant was taken to be Rs.5,000/- per month. The
learned Tribunal applied the multiplier of 12 to compute the
loss of dependency at Rs.7,20,000/-. No compensation has
been awarded towards loss of consortium, loss of love and
affection, loss of estate and funeral expenses.
4. The learned counsel for the claimants submit that 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
which may be applied to the present case. The learned
counsel for the claimants also seek compensation towards
loss of consortium, loss of love and affection, loss of estate
and funeral expenses.
5. Following the aforesaid judgment of the Hon'ble
Supreme Court in the case of Sarla Verma (supra), the
multiplier is enhanced from 12 to 15. Applying the multiplier
of 15, the loss of dependency is computed to be
Rs.9,00,000/- (Rs.5,000 x 12 x 15). Rs.10,000/- is awarded
towards loss of consortium, Rs.10,000/- towards love and
affection, Rs.10,000/- towards loss of estate and Rs.5,000/-
towards funeral expenses. The claimants are entitled to total
compensation of Rs.9,35,000/- (Rs.9,00,000 + Rs.10,000 +
Rs.10,000 + Rs.10,000 + Rs.5,000).
6. The appeal is allowed and the award amount is
enhanced from Rs.7,20,000/- to Rs.9,35,000/-.
7. The learned Tribunal has awarded interest @12% per
annum which is not disturbed on the original award amount
of Rs.7,20,000/-. However, on the enhanced award amount,
the rate of interest shall be 7.5% per annum from the date of
filing of petition till realization.
8. The enhanced award amount along with interest be
deposited by the appellant with the learned Tribunal within
30 days. The share of the claimants in the award amount
shall be as under:-
Claimant No.1 : 70%
Claimants No.2 to 4 : 10% each
9. Upon the award amount being deposited, the share of
claimants/respondents No.2 to 4 be released to them. Out of
the share of claimant/respondent No.1, 20% of the total
enhanced award amount be also released to her. 50% of the
enhanced award amount be kept in fixed deposit in the name
of claimant/respondent No.1 for a period of five years on
which monthly interest be paid to her. However, no loan,
advance or withdrawal be permitted without the permission
of this Court.
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 22, 2009
mk
