Delhi High Court
Manju & Ors. vs Azeemuddin & Ors. on 8 December, 2011
Author: G.P. Mittal
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 8th December, 2011
+ MAC APP. 135/2011
MANJU & ORS. ..... Appellants
Through: Ms. Shantha Devi Raman, Adv.
Versus
AZEEMUDDIN & ORS. ..... Respondents
Through: Mr. Sameer Nandwani, Adv. for R-3.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. The Appellants seek enhancement of compensation in respect of
death of Dhirender Kumar, who died in a motor accident, which
took place on 08.02.2008.
2. The Appellants' grievance is that from the service record as also
from the Identity Card it was proved that the deceased's date of
birth was 01.07.1968 thus he was less than 40 years. The
deceased's being in settled job, the Appellants were entitled to
the addition of 50% of his income as future prospects and a
multiplier of '15' as per the law laid down in Sarla Verma v.
DTC, (2009) 6 SCC 121. It is urged that a sum of ` 5,000/-
towards love and affection awarded by the Tribunal was
towards lower side considering that the deceased left behind
their minor children apart from the parents and the widow.
3. With the help of learned counsel for the parties, I have checked
the Tribunal's record. In the service record deceased's date of
birth is mentioned as 01.07.1968. Thus it is established that the
deceased was less than 40 years on the date of accident and,
therefore, the Appellants were entitled to an addition of 50%
towards future prospects. After deducting the liability towards
income tax and applying the multiplier of 15 the dependency
works out to be ` 28,72,328/- (` 15,422/- + 50% = ` 23,133/- -
th
` 1,856.5 (income tax) - 1/4 x 12 x 15).
4. There is need for enhancement of the compensation of `
10,000/- to ` 25,000/- for loss of love and affection. The
compensation awarded is tabulated hereunder: -
Sl. Head of Compensation Compensation Compensation
No. granted by the granted by the
Tribunal High Court
1. Loss of dependency ` 12,63,150/- ` 28,72,328/-
2. Loss of estate ` 5,000/- ` 5,000/-
3. Funeral expenses ` 5,000/- ` 5,000/-
4. Loss of consortium ` 10,000/- ` 10,000/-
5. Loss of love & affection ` 5,000/- ` 25,000/-
Total ` 12,88,150/- ` 29,17,328/-
5. The Respondents are jointly and severally liable to pay the
enhanced compensation of ` 16,29,178/- along with interest @
7.5% from the date of filing of the petition till the date of
payment. Respondent No.1 is directed to deposit the amount
within six weeks. 10% of the enhanced compensation along
with proportionate interest shall be payable to Appellants No.2
to 6 and rest of the amount shall be payable to Appellant No.1.
6. 60% of the amount payable to Appellants No.1, 5 & 6 shall be
held in the form of FDR for a period of 5 years. Rest of the
amount shall be released forthwith. The amount payable to
Respondents No.2 to 4 shall be held in the form of FDR in UCO
Bank, Delhi High Court Branch, New Delhi till they attain the
age of majority. The Appellants would be entitled to payment
of quarterly interest.
7. The appeal is allowed in above terms.
A copy of this order be communicated to UCO Bank, Delhi
High Court Branch, New Delhi.
(G.P. MITTAL)
JUDGE
DECEMBER 8, 2011
hs
