Delhi High Court
O.C.Jose & Anr. vs D.T.C.Thr.Chairman on 14 January, 2010
Author: J.R. Midha
25
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.397/2004
Date of Decision: 14th January, 2010
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O.C.JOSE & ANR. ..... Appellants
Through : Mr. K.L. Vachher, Adv.
versus
D.T.C.THR.CHAIRMAN ..... Respondent
Through : Mr. Ataul Haque, Adv. for
DTC.
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.1,00,000/- has
been awarded to them. The appellants seek enhancement of
the award amount.
2. The accident dated 4th November, 1988 resulted in the
death of Joy C.S. The deceased was survived by his parents
who filed claim petition before the learned Tribunal. The
father of the deceased expired during the pendency of the
claim petition.
3. The deceased was aged 28 years at the time of the
accident and was employed with M/s J.C.T. Electronics. The
learned Tribunal took the salary and future prospects into
consideration and computed the income of the deceased as
Rs.2,000/- per month, deducted 1/3rd towards personal
expenses and applied the multiplier of 5 to compute the loss
of dependency at Rs.80,000/-. Rs.20,000/- has been
awarded towards loss of love and affection, mental agony
and funeral expenses. The total compensation awarded is
Rs.1,00,000/-.
4. The learned counsel for the appellant has urged the
following grounds at the time of hearing of this appeal:-
(i) The multiplier be enhanced.
(ii) The compensation be awarded for loss of estate.
5. The deceased was aged 28 years at the time of the
accident. The mother of the deceased was aged 62 years at
the time of the accident. The appropriate multiplier
considering the age of the mother of the deceased is 7
according to the judgment of the Hon'ble Supreme Court in
the case of Sarla Verma Vs. Delhi Transport
Corporation, 2009 (6) Scale 129. Following the aforesaid
judgment, the multiplier is enhanced from 5 to 7.
6. The learned Tribunal has not awarded any
compensation for loss of estate. Rs.10,000/- is awarded
towards loss of estate. The appellant is entitled total
compensation of Rs.1,42,000/- [(Rs.2,000 x 2/3 x 12 x 7) +
Rs.20,000 + Rs.10,000].
7. The appeal is allowed and the award amount is
enhanced from Rs.1,00,000/- to Rs.1,42,000/-. The learned
Tribunal has awarded interest @8% per annum which is not
disturbed on the original award amount of Rs.1,00,000/-.
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.
8. The enhanced award amount along with interest be
deposited by respondent No.2 with State Bank of India, Tis
Hazari Branch A/c Sarama Skaria through Mr. H.S. Rawat,
Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb:
09717044322) within 30 days.
9. The order of disbursement shall be passed on the next
date of hearing after examining the claimants who are
directed to remain present in the Court on the next date of
hearing.
10. List on 16th February, 2010.
11. Copy of this order be given 'Dasti' to learned counsel
for the parties under the signature of Court Master.
J.R. MIDHA, J
JANUARY 14, 2010
aj
