Madhu Sharma And Ors vs Ram Avadh Yadav And Ors
2010 Latest Caselaw 544 Del

8
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                     +   MAC.APP.No.74/2009

                             Date of Decision: 1st February, 2010
%

      MADHU SHARMA AND ORS          ..... Appellants
              Through : Mr. Madhurendra Kumar, Adv.

                         versus

      RAM AVADH YADAV AND ORS         ..... Respondents
              Through : Mr. R.N. 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.6,48,667/- has

been awarded to the appellants. The appellants seek

enhancement of the award amount.

2. The accident dated 27th June, 2006 resulted in the

death of Parveen Kumar Sharma. The deceased was

survived by his widow, one daughter and two sons who filed

the claim petition before the learned Tribunal. The deceased

was also survived by his father who was made respondent in

the claim petition.

3. The deceased was aged 35 years at the time of the

accident and was self-employed earning Rs.1,00,000/- per

annum. The learned Tribunal deducted 1/3rd towards the

personal expenses and applied the multiplier of 13 to

compute the loss of dependency at Rs.8,66,667/-.

Rs.15,000/- has been awarded towards loss of estate, funeral

expenses and transportation expenses of the dead body,

Rs.15,000/- towards loss of love and affection, Rs.10,000/-

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

expenses. The learned Tribunal deducted 30% of the

amount towards contributory negligence of the deceased.

The total compensation awarded is Rs.6,48,667/-.

4. The learned counsel for the appellants has urged the

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

(i) The finding of contributory negligence be set

aside.

(ii) The multiplier be enhanced from 13 to 16.

      (iii)   The personal expenses of the            deceased be

      reduced        from 1/3rd to 1/4th.

5. The deceased was travelling in a Maruti Car which was

hit by the offending truck. There was head-on-collision. The

site plan was not produced before the Claims Tribunal and,

therefore, the learned Tribunal assumed the negligence of

the deceased to be 30%. Vide order dated 7 th October, 2009,

the Investigating Officer of PS Secundarabad, District

Bulandshehr was directed to produce the site plan and the

statement of the eye-witnesses in pursuance to which Sub-

Inspector, Rajesh Singh appeared before this Court on 8 th

December, 2009 and produced the entire record of the

criminal case including the site plan. The statement of Sub-

Inspector, Rajesh Singh was recorded before this Court and

the certified copy of the entire record of the criminal case

including site plan was taken on record. The site plan clearly

shows that the accident occurred on G.T. Road and the

Maruti car was on the extreme left side of the road and the

truck came on the wrong side and hit the Maruti car. The

accident in question clearly occurred due to the rash and

negligent driving of the offending truck. The contrary finding

of contributory negligence of the learned Tribunal is set aside

and it is held that the accident occurred due to the sole rash

and negligent driving of the offending truck.

6. The deceased was aged 35 years at the time of the

accident and has left behind five legal representatives.

Following the judgment of the Hon'ble Supreme Court in the

case of Sarla Verma Vs. Delhi Transport Corporation,

2009 (6) Scale 129, the multiplier is enhanced from 13 to

16 and the personal expenses of the deceased are reduced

from 1/3rd to 1/4th. Taking the income of the deceased to be

Rs.1,00,000/- per annum, deducting 1/4th towards the

personal expenses and applying the multiplier of 16, the loss

of dependency is computed to be Rs.12,00,000/-

(Rs.1,00,000 x 3/4 x 16). Adding Rs.15,000/- towards loss of

estate, funeral expenses and transportation expenses of the

dead body, Rs.15,000/- towards loss of love and affection,

Rs.10,000/- towards loss of consortium and Rs.20,000/-

towards medical expenses, the total compensation is

computed to be Rs.12,60,000/- (Rs.12,00,000 + Rs.15,000 +

Rs.15,000 + Rs.10,000 + Rs.20,000).

7. The appeal is allowed and the award amount is

enhanced from Rs.6,48,667/- to Rs.12,60,000/- along with

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

petition till realization.

8. The enhanced award amount along with interest be

deposited by Oriental Insurance Co. Ltd. with UCO Bank,

Delhi High Court Branch A/c Madhu Sharma by means of a

cheque through Mr. M.M. Tandon, Member-Retail Team, UCO

Bank Zonal, Parliament Street, New Delhi (Mobile No.

09310356400) within 30 days.

9. Upon the aforesaid deposit being made, the UCO Bank

is directed to keep the said amount in fixed deposit till the

order of disbursement is passed after examining the

claimants.

10. List for appearance of the claimants on 7th April, 2010.

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

for both the parties under signature of Court Master.

J.R. MIDHA, J FEBRUARY 01, 2010 aj