Harsh Vardhan Dhasmana & Ors vs Yashpal & Ors
2010 Latest Caselaw 1026 Del

43
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +   MAC.APP.No.102/2010

                                Date of Decision: 22nd February, 2010
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      HARSH VARDHAN DHASMANA & ORS ..... Appellants
                  Through : Mr. N.K. Jha, Adv.

                      versus

      YASHPAL & ORS                             ..... Respondents
                           Through : Mr. S.L. Gupta, 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?

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

                          JUDGMENT (Oral)

CM No.3324/2010 (Delay)

1. For the reasons stated in the application, the delay in

filing the appeal is condoned.

2. CM stands disposed of.

MAC.APP. No.102/2010

1. The appellants have challenged the award of the

learned Tribunal whereby compensation of Rs.14,04,690/-

has been awarded to them. The appellants seek

enhancement of the award amount.

2. The accident dated 28th February, 2006 resulted in the

death of Patti Ram. The deceased was survived by two sons

and three daughters who filed the claim petition before the

learned Tribunal.

3. The deceased was aged 55 years at the time of the

accident and was working as Assistant Manager with Air

India. As per the salary certificate - Ex.PW3/C, the deceased

got a gross salary of Rs.30,088.25 in the month of February,

2006. The said amount includes Rs.200/- towards

conveyance, Rs.570/- towards reimbursement of out pocket

expenses, Rs.300/- towards entertainment allowance, Rs.52/-

towards refund education cess and Rs.9,665/- towards refund

excess Income Tax. The learned Tribunal deducted aforesaid

amount and took the net salary of Rs.19,301.25 per month

for computation of compensation. The learned Tribunal

deducted 1/3rd towards the personal expenses of the

deceased considering that only two sons and one daughter

were dependant on the deceased and two married daughters

were not dependant on the deceased. The learned Tribunal

applied the multiplier of 9 to compute the loss of dependency

at Rs.13,89,690/-. Rs.10,000/- has been awarded for loss of

estate, Rs.5,000/- for funeral expenses and Rs.50,000/- for

loss of love and affection. The total compensation awarded

is Rs.14,04,690/-.

4. The learned counsel for the appellants has urged two

grounds at the time of hearing of this appeal. First ground is

that the learned Tribunal erred in making deductions of

Rs.10,787/- and second ground is that the personal expenses

of the deceased be reduced from 1/3rd to 1/4th for

computation of compensation.

5. The deductions of Rs.10,787/- towards various heads

including refund of excess Income Tax and refund of

Education cess is in accordance with law. The deduction of

1/3rd towards the personal expenses of the deceased is also

in accordance with law and the well settled principles of law

laid down by the Hon'ble Supreme Court in the case of Sarla

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

129.

6. No ground for interference is made out.

7. The appeal is dismissed.

J.R. MIDHA, J FEBRUARY 22, 2010 mk