Budh Ram vs Mohd.Ali & Anr
2010 Latest Caselaw 708 Del

*IN THE HIGH COURT OF DELHI AT NEW DELHI

                    +      FAO No.321/1999

                             Date of Decision: 8th February, 2010
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      BUDH RAM                        ..... Appellant
                        Through : Mr. Y.P. Laroya, Adv.

                  versus


      MOHD.ALI & ANR             ..... Respondents
                    Through : Dr. N.K. Khetrapal,
                              Mr. Ankit Khetrapal and
                              Mr. Manoj Bhandari, Advs.

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 has challenged the award of the learned

Tribunal whereby compensation of Rs.10,000/- has been

awarded to the appellant. The appellant seeks enhancement

of the award amount.

2. The accident dated 18th December, 1976 resulted in the

death of Ram Swarup. The deceased was survived by his

parents who filed the claim petition before the learned

Tribunal.

3. The deceased was aged 18 years at the time of the

accident and was working as a trainee in Steel Man

Industries at a stipend of Rs.135/- per month.

4. The learned Tribunal added 50% towards future

prospects, deducted 50% towards personal expenses of he

deceased and applied the multiplier of 6 to compute the loss

of dependency at Rs.7,290/-. Rs.2,000/- has been awarded

towards funeral expenses and Rs.710/- has been further

added. The total compensation awarded is Rs.10,000/-.

5. The learned counsel for the appellant has urged the

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

(i) The income of the deceased be enhanced.

(ii) The personal expenses of the deceased be reduced.

(iii) The multiplier be enhanced.

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

affection and loss of estate.

6. The income of the deceased has been taken to be

Rs.135/- per month according to the pleadings and evidence

on record. The learned Tribunal has also taken future

prospects into consideration. The income taken by the

learned Tribunal is, therefore, upheld.

7. The learned Tribunal has deducted 50% towards

personal expenses of the deceased considering that the

deceased has left behind his parents. The deduction of 50%

is in accordance with the principles laid down by the Hon'ble

Supreme Court in the case of Sarla Verma Vs. Delhi

Transport Corporation, 2009 (6) Scale 129 and is

upheld.

8. The learned Tribunal has applied the multiplier of 6

considering the age of the mother to be 65 years at the time

of the accident. The appropriate multiplier at the age of 65

years according to the judgment of Hon'ble Supreme Court in

the case of Sarla Verma (supra) is 5. However, considering

that this is an old case, the multiplier is not being interfered

with.

9. The learned Tribunal has not awarded any

compensation for loss of love and affection and loss of

estate. However, after computing the compensation at

Rs.9,290/-, the learned Tribunal has added Rs.710/- which

shall be treated to be towards loss of love and affection and

loss of estate.

10. The amount awarded by the learned Tribunal is just,

fair and reasonable and does not call for any interference.

11. The appeal is accordingly dismissed.

J.R. MIDHA, J

FEBRUARY 08, 2010