Delhi High Court
Santosh Kumari & Ors. vs Monu Kumar & Ors. on 3 February, 2010
Author: J.R. Midha
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO.No 499/2000
Date of Decision:3rd February, 2010,
%
SANTOSH KUMARI & ORS. ..... Appellants
Through Mr. O.P. Mannie, Advocate.
versus
MONU KUMAR & ORS. ..... Respondents
Through Mr. Mirza Aslam Beg and
Ms. Sonia Sharma, Advocates for
Respondent No.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.3,40,000/- has
been awarded to them. The appellants seek enhancement of
the award amount.
2. The accident dated 3rd December, 1993 resulted in the
death of Bansal Singh Gupta. The deceased was survived by
his widow, one son, four daughters and mother, who filed the
claim petition before the learned Tribunal.
3. The deceased was aged about 47 years at the time of
the accident and was doing a private job earning Rs.4,000/-
per month. The learned Tribunal took the income of the
deceased to be 4,000/-, deducted 1/3rd towards the personal
expenses of the deceased and applied the multiplier of 10
to compute the loss of dependency at Rs.3,24,000/-. The
learned Tribunal has awarded Rs.16,000/-towards loss of
consortium and loss of love and affection. The learned
Tribunal has awarded total compensation of Rs. 3,40,000/- to
the appellants.
4. The learned counsel for the appellants has urged the
following grounds at the time of hearing of this appeal:-
(i) The multiplier be enhanced from 10 to 13.
(ii) The deduction towards the personal expenses of
the deceased be reduced from 1/3rd to 1/5th.
(iii) The compensation be awarded for loss of estate
and funeral expenses.
5. 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 10 to 13, the personal expenses of the
deceased are reduced from 1/3rd to 1/5th, Rs. 10,000/- is
awarded towards loss of estate and Rs.5,000 is awarded
towards loss of funeral expenses.
9. Taking the income of the deceased to be Rs.4,000/-,
deducting 1/5th towards the personal expenses of the
deceased, applying the multiplier of 13, adding Rs. 16,000/-
towards loss of love and affection, Rs.10,000/- towards loss
of estate and Rs.5,000/- towards loss of funeral expenses,
the total compensation computed to be Rs.5,30,200/- [(4000
- 1/5 x 13 x 12) + 16000 + 10000 + 5000]
10. The appeal is allowed and the award amount is
enhanced from Rs.3,40,000/- to Rs.5,30,200/-. The learned
Tribunal has awarded interest @12% per annum which is not
disturbed on the original award amount of Rs.3,40,000/-.
However, on the enhanced award amount, the rate of
interest shall be @7.5% per annum from the date of filing of
the petition till realization.
11. The enhanced award amount along with interest be
deposited by respondent No.3 with UCO Bank, Delhi High
Court Branch A/c Santosh Kumari 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.
12. The order with respect to the disbursement of the
award amount shall be passed after examining the
appellants who are directed to remain present in Court on
the next date of hearing.
13. List the appeal on 13th 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 03, 2010
HL
