Promila & Ors. vs Ram Babu & Ors.
2012 Latest Caselaw 3658 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                       Date of decision: 31st May, 2012
+       FAO 487/2001

        PROMILA & ORS.                     ..... Appellant
                     Through:          Mr. Yudhvir Singh Chaudhary,
                                       Advocate

                    versus


        RAM BABU & ORS.                    ..... Respondent
                     Through:          Ms. Manjusha Wadha,
                                       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 ` 3,34,000/-

awarded for by the Motor Accident Claims Tribunal (the Claims Tribunal) for the death of Hira Lal, who died in a motor accident which occurred on 04.01.1992.

2. By the impugned judgment dated 04.07.2001, the Claims Tribunal accepted the deceased's salary to be `2640/- per month, deducted one-third towards the personal and living expenses and applied the multiplier of '15' to compute the loss of dependency as `3,24,000/-. A sum of Rs 10,000/- was

awarded towards the loss of consortium and loss of love and affection.

3. Both the parties admit that the numbers of dependents were 5 and the deceased was aged 45 years. He was in settled employment with NTPC, a Public Sector Undertaking of the Govt. of India.

4. The loss of dependency comes to `4,32,432/- (2640/- x 12 + 30% x 3/4 x 14). (Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121).

5. Considering that the accident took place in the year 1992, I would award a sum of `15,000/- towards loss of love and affection, `10,000/- towards loss to estate, `10,000/- towards loss of consortium and `5,000/- towards funeral expenses.

6. The overall compensation comes to `4,72,000/- as against `3,34,000/- awarded by the Claims Tribunal.

7. The Appeal was dismissed for non prosecution in the year 2008 and then in the year 2011. The Appellants would be entitled to interest on the enhanced compensation of `1,38,000/- @ 9% per annum from the date of filing of the Petition till the date of the impugned judgment i.e. 04.07.2001 and then @ 7.5% per annum for a period of nine years till the date of this judgment and then till its deposit.

8. Respondent No.3 Oriental Insurance Company Limited is

directed to make the deposit of the enhanced compensation along with interest within eight weeks in the name of the First Appellant.

9. This accident took place almost 20 years back. All the children must have attained the age of majority. The entire enhanced amount shall enure for the benefit of the First Appellant, the deceased widow and shall be held in fixed deposit/released in her favour as per the order of the Claims Tribunal.

10. The Appeal is allowed in above terms.

11. Pending applications also stand disposed of.

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