Krishna Bhagat & Ors. vs Tejvir Singh & Ors.
2011 Latest Caselaw 6240 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    Reserved on: 14th December, 2011
                                  Pronounced on: 19th December, 2011

+       MAC APP 386-88/2005

        KRISHNA BHAGAT & ORS.        ..... Appellants
                 Through: Mr. M.L. Mahajan, Advocate

                                 Versus

        TEJVIR SINGH & ORS.            ...... Respondents
                  Through: Mr. Kanwal Chaudhary, Advocate for
                            Respondent No.3.
        CORAM:
        HON'BLE MR. JUSTICE G.P.MITTAL

                           JUDGMENT

G. P. MITTAL, J.

1. The Appellants seek enhancement of compensation being legal representatives of the deceased Satya Bhagat who died in an accident which took place on 06.08.1986. The deceased was working as an Assistant Engineer with Indian Airlines and was aged about 55 years on the date of the accident. He was getting a salary of ` 7306/- per month. The Tribunal took the deceased's salary to be ` 5300/-, deducted ` 1300/- towards income tax and calculated the loss of dependency, on applying the multiplier of 11. The overall compensation of ` 5,43,000/- was awarded.

2. It is urged by the learned counsel for the Appellants that the deceased's income was proved as ` 7306/- by the document Ex. PW-3/2 as also by PW-3's testimony. It is urged that the income tax should not have been deducted while computing the dependency and interest should have been awarded @ 12% per annum.

3. I have perused the impugned award and the Trial Court Record.

It is true that the deceased's salary was established as ` 7306/- per month. It is well settled that for the purpose of calculating the loss of dependency, deceased's net income i.e. gross income minus income tax has to be considered. (Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., 2009 (6) SCC 121).

4. Damyantiben & Ors. v. Firozkhan Abdul Rasidkhan Pathan & Anr., III (2009) ACC 508 (DB) relied upon by the learned counsel for the Appellants that the income tax should not be deducted is not good law in view of the Sarla Verma (supra). The liability of income tax on the income of ` 7306/- x 12 = 87672/- was ` 24,290/- in the assessment year 1987-88. (Relevant to the date of the accident); deducting one-fourth towards personal expenses and applying the multiplier of 11, the total dependency works out as ` 5,22,901.5P (7306 x 12 = 87,672/- - 24,290 (tax)= 63,382/- - 15,845.5P (one-fourth) = 47536.5 x 11 = 522,901.5 rounded to ` 5,22,902/-.

5. After adding the notional amount under conventional heads of loss of love and affection, loss of consortium, loss of estate, the total compensation works out as under:-

               Head             Awarded by the          Awarded by
                                  Tribunal              This Court
                                   in (` )                in (` )
  Loss of dependency                  5,28,000/-             5,22,902/-
  Loss of love & affection                                     25,000/-
  Loss of consortium                      15,000/-             10,000/-
  Loss of estate                                               10,000/-
  Funeral Expenses                                               5,000/-
                  TOTAL                 5,43,000/-           5,72,902/-

6. The compensation thus stands enhanced by ` 29,902/- which shall carry interest @ 7.5% per annum. I am not inclined to grant interest at higher rate as the interest rate have been varying from time to time as this is an old appeal.

7. The award amount along with interest shall be deposited by the Respondent No.3 New India Assurance Company Limited within six weeks from the date of this order.

8. Appeal is allowed in above terms. No costs.

9. Pending application also stands disposed of.

(G.P. MITTAL) JUDGE DECEMBER 19, 2011 vk