Rajiv Bali vs Narender Kumar & Ors.
2010 Latest Caselaw 605 Del

35 & 36
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                                Date of Decision: 3rd February, 2010
%

                    +       MAC.APP. 368/2009

      RAJIV BALI                             ..... Appellant
                   Through : Mr. Rajeev Khanna, Advocate

                   versus

      NARENDER KUMAR & ORS.             ..... Respondents
              Through : Mr. Sunil Kumar, Adv. for R-1.
                        Mr. S.L. Gupta and Mr. Ram
                        Ashray, Advs. for R-4.

                    +       MAC.APP. 387/2009

      NARENDER KUMAR & ORS              ..... Appellants
              Through : Mr. Sunil Kumar, Adv.

                   versus

      RAJIV BALI & ORS.                    ..... Respondents
                 Through : Mr. Rajeev Khanna, Adv.
                           Mr. S.L. Gupta and Mr. Ram
                           Ashray, Advs. 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 appellant in MAC.APP.No.368/09 has challenged the

impugned award whereby the compensation of Rs.1,22,500/-

has been awarded to claimants/respondents No.1 to 3.

Respondent Nos. 1 to 3 have filed cross appeal bearing

MAC.APP.No.387/2009 seeking enhancement of the award

amount.

2. The accident dated 9th April, 2005 resulted in the death

of Jai Devi. The deceased was survived by her three sons,

who filed the claim petition before the Claims Tribunal. The

deceased was aged 54 years at the time of the accident. As

per post-mortem report, the age of the deceased was 62

years. The learned Tribunal took the age of the deceased as

60 years. The learned Tribunal took income of the deceased

as Rs.25,000/- per annum, deducted 1/2 towards her

personal expenses and applied the multiplier of 9 to compute

the loss of dependency at Rs.1,12,500/-. Rs.5,000/- was

awarded towards loss of estate and Rs.5,000/- towards

funeral expenses. The total compensation awarded is

Rs.1,22,500/-.

3. The appellant in MAC.APP.No.368/2009 has urged

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

(i) The sons of the deceased were not dependent

upon the deceased and therefore they are not entitled

to loss of dependency.

(ii) The multiplier to be reduced from 9 to 8.

4. The appellant in MAC.APP.No.387/09 has urged

following grounds for enhancement of award amount at the

time of hearing the appeal:-

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

Rs.3,500/- per month.

(ii) The Personal expenses be reduced from 1/2 to

1/3rd.

(iii) Compensation be awarded for loss of love and

affection.

(iv) Medical expenses of Rs.4,000/- be awarded.

5. The deceased is survived by her three sons who are

financially independent and were not dependent upon the

deceased. However, they are entitled to compensation for

loss of estate in terms of the judgment of this Court in the

case of Keith Rowe vs. Prashant Sagar,

MAC.APP.No.601/2007 decided on 15th January, 2010 (to be

checked). The loss of estate comprises of the savings of the

deceased which would have devolved upon her sons

irrespective of their dependency. The loss of estate is taken to

be 1/3rd of the income of the deceased. The learned Tribunal

has taken the income of deceased to be Rs.25,000/- which is

fair and reasonable in the facts and circumstances of the case.

The sons of the deceased are entitled to 1/3rd of the said

amount towards the loss of estate. The learned Tribunal has

applied the multiplier of 9 by taking the age of the deceased as

60 years. Both the parties agree that multiplier of 8 be applied

for computation of compensation. Taking the loss of estate of

the deceased to be 1/3rd of the income of the deceased and

applying the multiplier of 8, the loss of estate is computed to be

Rs.66,666/- (Rs.25,000 x 1/2 x 8 x 2/3). Rs.5,000/- awarded by

the learned Tribunal towards loss of estate is taken to be

towards loss of love and affection. Rs.13,400/- more is awarded

towards loss of love and affection. Rs.4,000/- is awarded

towards medical expenses. The claimants are entitled to total

compensation of Rs.89,066/- (Rs.66,666 + Rs.13,400 +

Rs.4,000 + Rs.5,000), rounded off as Rs.90,000/-. The learned

Tribunal has awarded interest @ 9% per annum which is on the

higher side and is reduced to 7.5% per annum.

6. MAC.APP.No.368/2009 is allowed and the award

amount is reduced from Rs.1,22,500/- to Rs.90,000/- along

with interest @7.5% per annum.

7. MAC.APP.No.387/2009 is dismissed.

8. The appellant has deposited a sum of Rs.1,25,000/-

with the Registrar General of this Court in terms of order

dated 3rd August, 2009.

9. The claimants have received a sum of Rs.51,961/-

(interim award of Rs.50,000 + Rs.1,961 towards interest)

from respondent No.4 on 25th October, 2005 as interim

award amount passed by the learned Tribunal. The

claimants are entitled to balance principal amount of

Rs.40,000/- and interest of Rs.14,140/- from the date of filing

of the claim petition i.e. 17th May, 2005 till today. As such,

the claimants are entitled to balance amount of Rs.54,140/-

(Rs.40,000 + Rs.14,140 towards interest).

10. The Registrar General of this Court is directed to

release a sum of Rs.54,140/- to claimants/respondents No.1

to 3 in equal shares. Out of the remaining amount, a sum of

Rs.51,961/- be released to respondent No.4 and balance

amount be refunded back to the appellant through counsel

within four weeks.

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

for the parties under the signature of Court Master.

J.R. MIDHA, J

FEBRUARY 03, 2010 hl/aj