Delhi High Court
Anita Jain & Ors. vs Sanjay & Ors. on 24 August, 2011
Author: Indermeet Kaur
A-43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 24.08.2011
+ MAC APPEAL No.107/2010
ANITA JAIN & ORS. ...........Appellants
Through: Mr.Arun Srivastva, Advocate.
Versus
SANJAY & ORS. ..........Respondents
Through: None.
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
1. Whether the Reporters of local papers may be allowed to
see the judgment?
2. To be referred to the Reporter or not? Yes
3. Whether the judgment should be reported in the Digest?
Yes
INDERMEET KAUR, J. (Oral)
1. The Award impugned is the Award dated 19.3.2008 vide
which a compensation in the sum of `5,44,000/- had been awarded
in favour of the claimant qua the death of deceased Ankur Jain.
The accident had taken place on 21.12.2006 when Ankur Jain
along with his father Arihant Jain were going to Rana Pratap Bagh
on their scooter; they were hit by a tempo. Arihant Jain sustained
serious injuries and Ankur Jain succumbed to his injuries. Claim
petition was filed qua both the death of Ankur Jain as also for the
injuries sustained by Arihant Jain. The subject matter of the
appeal in the present proceedings is the claim of compensation of
`5,44,000/- which had been awarded in favour of the legal
representatives of Ankur Jain/claimant.
2. The appellant is aggrieved by the multiplier which has been
awarded in this case. Deceased Anjur Jain was 22 years of age;
his mother Anita Jain was aged around 46 years on the date of the
accident as is evident from the record. Keeping in view the ratio
of the judgment reported in 2009 (6) Scale 129 Sarla Verma &
Ors. Vs. Delhi Transport Corporation & Anr. learned counsel for
the petitioner submits that the multiplier of 13 should have been
applied and not multiplier of 8 as has been resorted to by the
Tribunal. This submission has force. The income of the deceased
after deduction had been calculated at `5,250/- per month; this
was after taking of the average of the income tax returns which
have been filed by him. Annual income of the deceased was
calculated at `63,000/-. This figure had been arrived at after
deducting 50% on account of personal expenses of the deceased
as he was a bachelor. In view of the ratio of the judgment of Sarla
Verma (supra) applying the multiplier of 13 to the annual income
of `63,000/-, the modified amount under the head of loss of
dependency would read as :
`63000/- x 13= `8,19,000/- .
3 The sum of `10,000/- awarded under funeral expenses, the
sum of `30,000/- towards loss of love and affection remains
unchanged. The total amount awarded would now read as:
`8,19,000/- + `40,000/- =`8,59,000/- it will carry interest @
7% per annum in terms of the relief already granted by the
Tribunal. The sum of `50,000/- already paid as interim
compensation stands deducted. The modified awarded amount
would be `8,59,000/- - `50,000/- = `8,09,000/-.
4 There is no other challenge to the Award.
5 Appeal is disposed of in the above terms.
INDERMEET KAUR, J.
AUGUST 24, 2011
nandan
