Saroj & Ors. vs Mahender Singh & Ors.
2010 Latest Caselaw 3073 Del

 *                      IN THE HIGH COURT OF DELHI AT NEW DELHI

+                                      Mac. Appeal No.345 of 2010

%                                                                           02.07.2010

         SAROJ & ORS.                                            ...... Appellants
                                       Through: Mr. Manish, Advocate.

                                            Versus

         MAHENDER SINGH & ORS.                        ......Respondents
                            Through: Mr. K.L. Nandwani, Advocate for R-3.

                                                             Reserved on: 26th May, 2010
                                                            Pronounced on: July 2, 2010

         JUSTICE SHIV NARAYAN DHINGRA

1.       Whether reporters of local papers may be allowed to see the judgment?

2.       To be referred to the reporter or not?

3.       Whether judgment should be reported in Digest?

                                      JUDGMENT

1. This appeal has been preferred by the claimants/appellants assailing award dated

6th February, 2010 on limited ground that the learned Tribunal wrongly deducted 1/3rd of

the monthly income towards personal expenses while calculating the loss of dependency

of the claimants.

2. The deceased was drawing a salary of Rs.9,832/- at the time of his death. He was

aged below 50 years and above 40 years. So, the Tribunal added 30 per cent of the

amount of salary as future prospects for calculating the compensation. The Tribunal

considered that the family of deceased consisted of widow and four children. Out of

these four children, three were major and only one was minor at the time of giving

evidence. Thus, deduction of 1/3rd of the gross amount on account of personal expenses

was made. At the time of hearing appeal, the appellants were asked to file an affidavit

about the age of the family members of deceased and their occupation on the date of

accident. The requisite affidavit has been filed. According to this affidavit, on the date of

accident, that is, on 14th August, 2007, Mr. Ajay Raj, son of the deceased was already in

Delhi Police and was under training. One of the daughters of the deceased, namely,

Ms. Asha, was already married; other daughter namely, Ms. Aarti, was B.A. student and

other daughter namely, Ms. Amrita, was 12th standard student. Smt. Saroj was a house

wife at the time of accident. It is apparent that the married daughter was not dependent

on the deceased. The son, who was already employed in Delhi Police, was also not

dependent on the deceased. Thus, the number of dependents on the deceased were his

wife and two daughters, namely, Ms. Aarti and Ms. Amrita.

3. The Tribunal, therefore, following judgment in Sarla Varma & Ors. vs. Delhi

Transport Corporation & Anr.; (2009) 6 SCC 121 rightly deducted 1/3rd of the amount

towards personal expenses and awarded a total compensation of Rs.13,59,285.36.

4. I find no infirmity in the award dated 6th February, 2010. The appeal is hereby

dismissed.

SHIV NARAYAN DHINGRA [JUDGE] JULY 2, 2010 'AA'