Abha Gupta & Ors vs Duli Chand & Ors
2010 Latest Caselaw 1105 Del

17
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                +         MAC.APP.No.298-300/2005


                               Date of Decision: 25th February, 2010
%


      ABHA GUPTA & ORS              ..... Appellants
                   Through : Mr. Santosh Chaurihaa, Adv.

                    versus

      DULI CHAND & ORS                  ..... Respondents
                    Through : Mr. Kamaldeep, 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.10,78,000/-

has been awarded to the appellants. The appellants seek

enhancement of the award amount.

2. The accident dated 25th September, 2002 resulted in

the death of Dr. Hari Kishore Gupta. The deceased was

survived by his widow and two sons who filed the claim

petition before the learned Tribunal.

3. The deceased was aged about 56 years at the time of

the accident and was working as a Scientist-F with

Kumarappa National Handmade Paper Institute drawing a

salary of Rs.28,428/- per month. The learned Tribunal took

the income of the deceased as Rs.22,000/- per month,

deducted 1/2 towards the personal expenses and applied the

multiplier of 8 to compute the loss of dependency at

Rs.10,56,000/-. Rs.2,000/- has been awarded towards funeral

expenses and Rs.20,000/- towards loss of consortium. The

total compensation awarded is Rs.10,78,000/-.

4. The learned counsel for the appellants has urged the

following grounds at the time of hearing of this appeal:-

(i) The income of the deceased be taken to be

Rs.28,428/- per month.

(ii) The future prospects be taken into consideration.

(iii) The personal expenses of the deceased be

reduced from 1/2 to 1/3rd.

(iv) The multiplier be enhanced from 8 to 9.

(v) The compensation be awarded for loss of love and

affection and loss of estate.

(vi) The rate of interest be enhanced from 7% per

annum to 7.5% per annum.

5. The income of the deceased was proved by PW-2.

PW-2 brought the service record of the deceased and

deposed that the deceased joined Kumarappa National

Handmade Paper Institute as Scientist-F on 4th April, 2001 in

the scale of Rs.16,400-450-Rs.20,000 and his gross salary

was Rs.27,936/- per month. The copies of the pay slip for the

months of May, August and September, 2003 were produced

before the Court. PW-2 further deposed that the deceased

was working at the post of Acting Director and his retirement

age was 60 years. PW-2 further deposed that the deceased

could have been promoted to the post of Director after one

year with a salary of Rs.34,000-Rs.35,000. PW-2 proved the

salary certificate of the deceased as Ex.PW2/A. PW-2 further

deposed that the arrears of Rs.492/- were also given to the

deceased towards the dearness allowance and the total

gross salary of the deceased at the time of the accident was

Rs.28,428/- per month. As per the salary certificate

ExPW2/A, the deceased was getting basis salary of

Rs.16,400/-, dearness allowance of Rs.7,052/-, house rent

allowance of Rs.2,640, CCA of Rs.240/- and transport

allowance of Rs.800/-. The income of the deceased has been

proved by PW-2 and Ex.PW2/A as Rs.28,428/-. It has also

been sufficiently proved that the deceased was due for

promotion to the post of Director after about one year and

would have got the salary of Rs.34,000 - Rs.35,000 per

month. Although, the Hon'ble Supreme Court has held that

the future prospects should not be taken into consideration

in respect of persons aged above 50 years except in

exceptional circumstances, in view of the clear evidence of

PW-2 on record that the deceased was due for promotion

after one year and would have drawn a salary of Rs.34,000 -

Rs.35,000 per month, this case falls in the exception and the

income of the deceased for computation of compensation is

taken to be Rs.34,000/- per month. Rs.4,000/- per month is

deducted towards the Income Tax and the net income of the

deceased after deduction of Income Tax is taken to be

Rs.30,000/-.

6. The learned Tribunal deducted 1/2 towards the

personal expenses of the deceased. According to the

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

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

129, the appropriate deduction is 1/3rd as the deceased has

left behind three legal representatives. The personal

expenses of the deceased are, therefore, reduced from 1/2 to

1/3rd. The learned Tribunal has applied the multiplier of 8.

The deceased was aged about 56 years at the time of the

accident and the appropriate multiplier according to the

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

Verma (Supra) is 9. The multiplier is, therefore, enhanced

from 8 to 9. Taking the income of the deceased to be

Rs.30,000/-, deducting 1/3rd towards personal expenses and

applying the multiplier of 9, the loss of dependency is

computed to be Rs.21,60,000/- (Rs.30,000 x 2/3 x 12 x 9).

7. The learned Tribunal has not awarded any

compensation towards loss of love and affection and loss of

estate. Rs.10,000/- is awarded towards loss of love and

affection and Rs.10,000/- towards loss of estate.

8. The learned Tribunal has awarded interest @ 7% per

annum whereas appropriate rate of interest according to the

judgment of Hon'ble Supreme Court in the case of

Dharampal vs. U.P. State Road Transport Corporation,

III 2008 ACC (1) SC is 7.5% per annum. The rate of interest

is, therefore, enhanced from 7% per annum to 7.5% per

annum.

9. The appellants are entitled to total compensation of

Rs.22,02,000/- (Rs.21,60,000 + Rs.2,000 + Rs.20,000 +

Rs.10,000 + Rs.10,000)

10. The appeal is allowed and the award amount is

enhanced from Rs.10,78,000/- to Rs.22,02,000/- along with

interest @7.5% per annum from the date of filing of the

petition till the date of notice under Order 21 Rule 1 of the

Code of Civil Procedure.

11. The enhanced award amount along with interest be

deposited by respondent No.3 with UCO Bank A/c Abha

Gupta, Delhi High Court Branch through Mr. M.M. Tandon,

Member-Retail Team, UCO Bank Zonal, Parliament Street,

New Delhi (Mobile No. 09310356400) within 45 days.

12. The order with respect to the disbursement of the

award amount shall be passed after examining the claimants

who are directed to remain present in Court on the next date

of hearing.

13. List the appeal on 11th May, 2010.

14. Copy of this order be given 'Dasti' to learned counsel

for both the parties under signature of Court Master.

J.R. MIDHA, J FEBRUARY 25, 2010 mk