Delhi High Court
Renu & Ors. vs Rehmat & Ors. on 9 February, 2012
Author: G.P. Mittal
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 9th February, 2012
+ MAC.APP. 698/2010
RENU & ORS. ..... Appellants
Through: Mr.Lalit Kumar, Advocate
versus
REHMAT & ORS. ..... Respondents
Through: Mr.A.K.Soni, Adv. for R-3.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
CM APPL.18838/2010 (delay)
1. There is a delay of 483 days in filing the Appeal.
2. For the reasons stated in the application, the same is allowed.
Delay of 483 days in filing the Appeal is condoned.
3. The application stands disposed of.
MAC.APP. 698/2010
4. The Appellants seek enhancement of the compensation of
Rs.10,81,423/- awarded for the death of Mr.Sanjay Kumar Jain
who died in an accident which occurred on 28th April, 2006.
The deceased was working with the Government of Uttar
Pradesh. He was aged about 34 years at the time of accident
5. The Motor Accident Claims Tribunal (the Claims Tribunal)
took the deceased's income to be Rs.7379/- per month,
deducted one-third towards the personal and living expenses
and applied multiplier of 17 to compute the loss of dependency.
The compensation awarded is extracted from para 19 of the
impugned judgment as under:-
Sl.No. Compensation under various Awarded by the
heads Tribunal
1. Loss of Dependency ` 10,03,544/-
2. Loss of Consortium ` 10,000/-
3. Funeral Expenses ` 4,000/-
4. Loss of Estate & Love & ` 12,500/-
Affection
5. Cost of Medicine ` 51,379/-
TOTAL ` 10,81,423/-
6. Learned counsel for the Appellants submits that the Claims
Tribunal erred in not considering the future prospects; the
number of dependents were four, the Claims Tribunal ought to
have deducted one-fourth towards personal living expenses of
the deceased instead of one-third in view of the judgment of
Hon'ble Supreme Court in Sarla Verma & Ors. v. Delhi
Transport Corporation & Another; 2009 (6) SCC 121.
7. On the other hand, learned counsel for the Respondent-
Insurance Company submits that considering the age of the
deceased to be 34 years the multiplier should have been 16
instead of 17.
8. The Supreme Court in the case of Sarla Verma (supra) laid
down the following principles for grant of compensation in
death cases:-
"I. MULTIPLIER
Age of the Multiplier
deceased (in
years)
II. DEDUCTION FOR PERSONAL AND LIVING
EXPENSES
Deceased - unmarried
(i) Deduction towards personal expenses.
: 1/2 (50%)
(ii) Deduction where the family of the
bachelor is large and dependent on the
income of the deceased.
: 1/3rd (33.33%)
Deceased - married
(i) 2 to 3 dependent family members. : 1/3rd
(ii) 4 to 6 dependent family members : 1/4th
(iii) More than 6 family members : 1/5th
(iv) Subject to the evidence to the
contrary. : Father, brother and
sisters will not be
considered as
dependents.
III. FUTURE PROSPECTS
(i) Permanent job : Actual salary - tax + 50%
Below 40 years of age towards future prospects.
(ii) Permanent job : Actual salary - tax + 30%
Between 40-50 years towards future prospects.
(iii) More than 50 years with: Actual salary only.
permanent job. No addition for future
prospects.
(iv) Deceased employed at a fixed: Only actual income to be
Salary (without provision for taken. No addition.
Annual increments)"
9. Since the deceased was 34 years of age, 50% addition ought to
have been made towards future prospects and the appropriate
multiplier ought to be '16' instead of 17. It is also apparent that
since the number of dependents were 4, 1/4th ought to have been
deducted towards the personal living expenses.
10. In view of the law laid down in Sarla Verma (Supra) the
compensation is re-computed as under:-
Sl.No. Compensation under various Awarded by
Heads High Court
1. Loss of Dependency ` 15,93,864/-
(7379 + 50% X 3/4 X 12 X 16)
2. Loss of Consortium ` 10,000/-
3. Funeral Expenses ` 4,000/-
4. Loss of Estate & Love & ` 25,000/-
Affection
5. Cost of Medicines ` 51,379/-
TOTAL ` 16,84,243/-
11. The overall compensation is enhanced from `10,81,423/- to `
16,84,243/-
12. The enhanced compensation shall carry interest @7.5% per
annum. 10% each of the enhanced amount shall be payable to
Appellants No. 2 and 3 and Sarla Jain (mother of the deceased
who was Petitioner No.4 before the Claims Tribunal). Rest of
the amount shall be payable to Appellant No.1. The amount
awarded to Appellants No. 2 and 3 shall be held in a Fixed
Deposit Receipt till they attain the age of 21 years in UCO
Bank, Delhi High Court Branch. New Delhi.
13. 50% of the amount awarded to Appellant No.1 shall be held in a
Fixed Deposit for a period of three years in UCO Bank, Delhi
High Court Branch, New Delhi. Rest of the amount shall be
released to the Appellants/Claimants.
14. The enhanced amount be deposited with the Registrar General
of this Court within 30 days.
15. The Appeal is allowed in above terms. No costs.
(G.P. MITTAL)
JUDGE
FEBRUARY 09, 2012
vk
