Smt. Naraini & Ors. vs Surender Pal Singh & Ors.
2010 Latest Caselaw 2670 Del

 *                      IN THE HIGH COURT OF DELHI AT NEW DELHI

+                                  Mac. Appeal No.328 of 2010
%                                                                                  19.05.2010

         SMT. NARAINI & ORS.                                      ...... Appellants
                                       Through: Mr. N.K. Mishra, Advocate.

                                             Versus

         SURENDER PAL SINGH & ORS.                                     ......Respondents

                                                             Date of decision: 19th May, 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

SHIV NARAYAN DHINGRA, J. (ORAL)

1. This appeal has been filed by the claimants assailing award dated 9th February,

2010 passed by the Tribunal on the ground that the Tribunal awarded inadequate

compensation to the claimants.

2. Brief facts relevant for the purpose of deciding this appeal are that Late Shri

Niwas Sharma, husband of appellant No.1 died in a road side accident on 20th November,

1984. At the time of death, deceased was around 31 years of age. It was claimed that

deceased was working as a Halwai. No proof of income of the deceased was given to the

Tribunal. The deceased had left behind three dependents, namely, wife and two children.

The Tribunal assessed total compensation as Rs.80,000/- and awarded the same along

with interest @ 7.5 per cent from the date of filing of the petition till its realization.

3. The Tribunal while assessing compensation had taken into account the income of

the deceased as per minimum wages of a skilled workman, since no proof of income of

deceased was furnished to the Tribunal. The Tribunal further added to this 50 per cent of

the amount for inflation etc. and deducted 1/3rd of the monthly income towards personal

expenses of the deceased. Looking at the age of the deceased as 31 years, a multiplier of

16 was applied. The Tribunal also awarded Rs.1,000/- towards funeral expenses,

Rs.1,000/- towards loss of consortium to the wife and Rs.1,000/- to the children towards

loss of love and affection. The Tribunal was alive to the fact that though the accident had

taken place in the year 1984, the claim petition was filed in the year 2007 and the

Tribunal had to take into account the wages prevalent at the time of accident.

4. Learned counsel for the appellants had not been able to point out how the Tribunal

went wrong. The Tribunal had taken into account right age of the deceased, applied right

parameters for deduction of the amount for personal expenses and multiplier on the basis

of judgment in Sarla Varma & Ors. vs. Delhi Transport Corporation & Anr.; (2009) 6

SCC 121.

5. I find no reason to interfere with the order of the Tribunal. I find no ground to

enhance the compensation. The appeal is hereby dismissed.

SHIV NARAYAN DHINGRA J.

MAY 19, 2010 'AA'