Smt. Vibha Singh & Ors. vs Sh. Tulsi Lal & Ors
2014 Latest Caselaw 2511 Del

$~42
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                      Judgment delivered on: 16th May, 2014

+      MAC.APP. 456/2014

SMT. VIBHA SINGH & ORS.                             ..... Appellants
                                   Represented by: Mr. Manish Maini, Adv.


                       versus


SH. TULSI LAL & ORS                                 ..... Respondents
                                   Represented by: Mr. K.L. Nandwani, Adv.
                                   for R3.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. Notice issued to respondent no. 3.

2. Ld. Counsel named above accepts notice on behalf of the said respondent.

3. Admit.

4. With the consent of the parties, the instant appeal is taken up for final disposal.

5. The present appeal has been preferred against the impugned award dated 17.02.2014, whereby Ld. Tribunal has awarded compensation for an

amount of Rs.9,59,964/- with interest @ 7.5% per annum from the date of filing of the Claim petition till realization of the amount.

6. Vide the present appeal, appellants are seeking enhancement of the compensation amount as noted above.

7. Ld. Counsel appearing on behalf of the appellant submits that on the date of accident, i.e., 08.11.2011deceased was 45 years of age. He was the sole bread earner of his family. He left behind young widow and two minor children. The widow lost the association of her husband and all pleasures of life. The minor children lost the love and affection and guidance of their father for their career. However, the Ld. Tribunal has awarded Rs.10,000/- each towards loss of love and affection, loss of consortium and towards funeral expenses on lower side.

8. Ld. Counsel further submits that keeping in view the age of the deceased as 45 years on the date of accident, Ld. Tribunal ought to have applied multiplier of 14 instead of 13. However, it failed to do so.

9. On the other hand, Mr. K.L. Nandwani, Ld. Counsel appearing on behalf of the respondent / Insurance Company submits that while granting the compensation the Tribunal or the court has to see the facts and circumstances of the case. He submits that in the present case, deceased was 45 years of age. Therefore, keeping in view the dictum of Sarla Verma Vs. DTC and Ors. 2009 (6) SCC 121, which has been further affirmed by the Apex Court in the case of Reshma Kumari and Ors. Vs. Madan Mohan & Anr. (2013) 9 SCC 65, Ld. Tribunal has adequately granted the compensation towards non-pecuniary damages.

10. I have heard ld. Counsels for the parties.

11. As the issue of multiplier is concerned, Mr. Nandwani, ld. Counsel appearing on behalf of the respondent / Insurance Company does not dispute this issue and submits that keeping in view the age of the deceased as 45 years on the date of accident, ld. Tribunal ought to have applied multiplier of 14 instead of 13.

12. It is ordered accordingly.

13. The issue of non-pecuniary damages has been decided by the Full Bench of the Apex Court in the case of Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563 and this Court has been consistently following the dictum of Rajesh (Supra).

14. Therefore, I am of the considered opinion that ld. Tribunal has granted compensation towards non-pecuniary damages on a very lower side.

15. Hence, keeping in view the dictum of Rajesh (Supra) and the view taken by this court in catena of cases, I award Rs.1,00,000/- each towards loss of love and affection and loss of consortium and Rs.25,000/- towards funeral expenses.

16. Consequently, the compensation amount comes as under:-

      Sr.        Heads                  Calculation as per    Calculation
                                        MACT                  as per this
      No.
                                                              Court
      i.       Loss of dependency       Rs.8,99,964/-         Rs.9,69,192/-




       ii.      For loss of love and       Rs.10,000/-             Rs.1,00,000/-
               affection
      iii.     For loss of consortium     Rs.10,000               Rs.1,00,000/-

      iv.      For loss of estate         Rs.30,000/-             Rs.30,000/-

      v.       Towards          funeral   Rs.10,000/-             Rs.25,000/-
               expenses
                  Total                   Rs.9,59,964/-           Rs.12,24,192/-

Resultantly, the compensation is assessed at Rs.12,24,192/-

17. Accordingly, an amount of Rs.2,64,228/- is enhanced (Rs.12,24,192 - Rs.9,59,964).

18. The enhanced amount shall carry interest @ 7.5% per annum from the date of filing of the claim petition till realization.

19. The respondent No.3/Insurance Company is directed to deposit the enhanced compensation amount with the Registrar General of this Court within a period of six weeks from today, failing which, appellant shall be entitled for penal interest @ 12% per annum on account of delayed payment.

20. On deposit, the Registrar General is directed to release the amount in favour of the appellants in terms of award dated 17.02.2014 passed by the Ld. Tribunal on taking necessary steps by them.

21. In view of the above, the appeal is allowed.

SURESH KAIT, J MAY 16, 2014/jg