Delhi High Court
Uma Devi & Ors vs Balwant Singh (Koli) & Ors on 20 March, 2012
Author: G.P. Mittal
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 20th March, 2012
+ MAC.APP. 699/2011
UMA DEVI & ORS ..... Appellants
Through: Mr.Gajendra Giri, Advocate
versus
BALWANT SINGH (KOLI) & ORS .... Respondents
Through: Mr.Manoj R.Sinha, Advocate
for R-3.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. The Appeal is for enhancement of compensation of `5,95,690/-
awarded for the death of Shiv Kumar @ Tuntun, who died in an
accident which occurred on 03.02.2007.
2. In the absence of any Appeal by the owner or the Insurer, the
finding on negligence has become final between the parties.
3. The deceased was a truck driver and he died in an accident
while driving tempo No.LPT TATA 709 bearing registration
No. HR 38L 6129. During enquiry before the Claims Tribunal
it was claimed that the deceased was working as a driver and
was getting a salary of `6,000/- per month apart from the diet
money and bonus. The Claims Tribunal declined to believe the
Appellant's case on the ground that the salary was not
specifically proved. Thus, the Claims Tribunal took the
minimum wages of a skilled worker, deducted ¼ towards
personal and living expenses, adopted multiplier of 15 to
compute the loss of dependency as `5,25,690/-.
4. It is urged by the learned counsel for the Appellants that from
affidavit Ex.PW-3/A of Surender Singh (who entered the
witness box as PW-3) and testimony of PW-2 Gulab Singh it
was established that the deceased was getting a salary of
`6000/- per month. The Claims Tribunal erred in not believing
the testimony of these two witnesses.
5. PW-2 Gulab Singh testified that the Tata-709 Tempo was
owned by Surender Singh and it was attached to his transport
business. One driver Shiv Kumar (deceased) was posted on the
tempo. He was getting a salary of `6,000/- per month. In cross-
examination the witness deposed that the salary to Shiv Kumar
was not being paid by him. Obviously, the salary would be paid
by the owner of the tempo i.e. PW-3. PW-3 Surender Singh
placed on record a certificate Ex.PW-3/B to the effect that the
deceased was being paid salary @ `6000/- per month. In his
affidavit Ex.PW-3/A he testified to this effect. In cross-
examination the witness denied the suggestion that he was not
paying the salary @ `6000/- per month.
6. It is important to note that Surender Singh (PW-3) owned just
one truck. The accident took place when the deceased was
driving this very truck (tempo). No suggestion was given to
PW-3 that the deceased was not employed on this vehicle. In
the absence of any rebuttal, the Claims Tribunal ought to have
accepted the deceased's salary to be `6000/- per month.
Otherwise also, considering the fact that the accident occurred
in the year 2007 it would be reasonable to assume the salary of
a truck/tempo driver to be about `6,000/- per month. The
compensation is recomputed as under:-
Loss of Dependency `8,10,000/-(`6000x3/4x12x15)
Loss of Love & Affection `25,000/-
Loss of Consortium `10,000/-
Loss to Estate `10,000/-
Funeral Expenses `10,000/-
Total `8,65,000/-
7. The overall compensation is enhanced from `5,95,690/- to
`8,65,000/-. The enhanced compensation of `2,69,310/- shall
carry interest @7.5% per annum from the date of filing of the
petition till 31.12.2009 and then @9% per annum w.e.f.
01.01.2010 till the date of deposit of the enhanced amount in
this Court. 55% of the enhanced compensation along with
proportionate interest shall be disbursed in favour of Appellant
No.1 and rest 15% each shall be given to Appellants No. 2 to 4
along with proportionate interest.
8. The Respondent No.3 is directed to deposit the compensation
with the Registrar General of this Court within six weeks from
today.
9. Statutory amount shall also be refunded.
10. The Appeal is allowed in above terms.
11. Dasti to the counsel for Respondent No.3.
(G.P. MITTAL)
JUDGE
MARCH 20, 2012
mr
