Archana Sharma & Ors. vs Sepinder @ Pinki & Ors.
2012 Latest Caselaw 3655 Del

*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                         Date of decision: 31st May, 2012
+        MAC APP.139/2004

         ARCHANA SHARMA & ORS.               ..... Appellant
                     Through: Mr. Ashok Popli, Advocate

                      versus

         SEPINDER @ PINKI & ORS.               ..... Respondents
                       Through: Ms. Manjusha Wadhwa,
                                 Advocate for the 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 ` 5,40,000/-

awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) for the death of Suresh Chand Sharma who died in a motor accident which occurred on 25.02.2001.

2. The Claims Tribunal while computing the loss of dependency took the deceased's income as `5947/- (As per the Salary Certificate Ex.PW-1/A), deducted one-third towards the personal and living expenses and applied the multiplier of '12'.

3. During inquiry before the Claims Tribunal it was established that the deceased was aged about 45 years and was in settled employment with Delhi Development Authority (DDA). He

left behind four dependents. Out of a sum of `5947/-, `100/- towards transport allowance, `45/- towards cycle allowance and `30/- towards washing allowance were personal to the deceased being incidental to the employment. On deducting a sum of `175/-, the loss of dependency comes to `9,45,453/- (5772/- + 30% x 3/4 x 14 x 12).

4. On adding a sum of `25,000/- towards loss of love and affection and `10,000/- each towards loss of consortium, funeral expenses and loss to estate, the overall compensation comes to `10,00,453/-.

5. The compensation is enhanced from `5,40,000/- to `10,00,453/-

which shall carry interest @ 7.5% per annum from the date of filing of the Petition till its payment.

6. Respondent No.3 The Oriental Insurance Company Limited is directed to make the deposit of the enhanced compensation along with interest within eight weeks with UCO Bank, Delhi High Court, New Delhi in the name of the Appellants.

7. Appellants No.3 and 4 must have attained the age of majority now. 15% each of the enhanced compensation along with proportionate interest shall be payable to Appellants No.2,3 and

4. Rest 55% shall enure for the benefit of the First Appellant.

8. The enhanced compensation awarded to the Appellants No.2,3 and 4 shall be held in fixed deposit for a period of three years.

50% of the compensation payable to the First Appellant shall be released to her immediately on deposit. Rest shall be held in fixed deposit for a period of one year, three years and five years in equal proportion.

9. The Appeal is allowed in above terms.

10. Pending Applications stand disposed of.

(G.P. MITTAL) JUDGE MAY 31, 2012/ vk