Krishna Devi & Ors. vs Abrar Ahmad & Ors.
2010 Latest Caselaw 456 Del

21
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +   MAC.APP.No.134/2007

                               Date of Decision: 27th January, 2010
%

      KRISHNA DEVI & ORS.          ..... Appellants
                    Through : Mr. M.B. Singh, Adv.

                      versus

      ABRAR AHMAD & ORS.          ..... Respondents
                   Through : Mr. Vijay Singh Charak, Adv.
                             for R-2.
                             Mr. Ramesh Kumar, 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.11,00,900/-

has been awarded to the appellants. The appellants seek

enhancement of the award amount.

2. The accident dated 4th July, 2003 resulted in the death

of Ami Lal. The deceased was survived by his widow and

three sons who filed the claim petition before the learned

Tribunal.

3. The deceased was aged about 46 years at the time of

the accident and was working as ASI with Delhi Police

earning Rs.10,105/- per month. The learned Tribunal

deducted 1/3rd towards personal expenses of the deceased

and applied the multiplier of 13 to compute the loss of

dependency at Rs.10,50,816/-. Rs.10,000/- has been

awarded towards funeral expenses and Rs.40,000/- towards

loss of love and affection and loss of consortium. The total

compensation awarded is Rs.11,00,816/-, rounded off to

Rs.11,00,900/-.

4. The learned counsel for the appellants has urged the

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

(i) The future prospects of the deceased be taken

into consideration.

(ii) The personal expenses of the deceased be

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

(iii) The compensation be awarded for loss of estate.

5. Following the judgment of the Hon'ble Supreme Court

in the case of Sarla Verma Vs. Delhi Transport

Corporation, 2009 (6) Scale 129, 30% of the salary of the

deceased is added towards the future prospects and the

personal expenses of the deceased are reduced from 1/3 rd to

1/4th. Rs.10,000/- is awarded towards loss of estate.

6. Taking the income of the deceased to be Rs.10,105/-,

adding 30% towards future prospects, deducting 1/4 th

towards personal expenses, applying the multiplier of 13,

adding Rs.10,000/- towards funeral expenses, Rs.40,000/-

towards loss of love and affection and loss of consortium and

Rs.10,000/- towards loss of estate, the total compensation is

computed to be Rs.15,96,970/- {[(Rs.10,105 + 30% of

Rs.10,105) x 12 x 3/4 x 13] + Rs.10,000 + Rs.40,000 +

Rs.10,000}.

7. The appeal is allowed and the award amount is

enhanced from Rs.11,00,900/- to Rs.15,96,970/- 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 respondent No.3 with UCO Bank, Delhi High

Court Branch A/c Krishna Devi 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. List for passing order of disbursement on 10th February,

2010.

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

for both the parties under signature of Court Master.

J.R. MIDHA, J

JANUARY 27, 2010 aj