Chief Manager, Rajasthan State ... vs Kabita & Ors
2016 Latest Caselaw 7273 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI
%                           Date of Decision: 06th December, 2016
+      MAC.APP.576/2016
       CHIEF MANAGER, RAJASTHAN STATE
       ROAD TRANSPORT CORPORATION & ANR..... Appellants
                   Through: Dr. Ritu Bhardwaj, Advocte

                          versus

       KABITA & ORS                               ..... Respondents
                          Through:    Mr. Neeraj P. Singh, Advocate
                                      for respondent No.1
       CORAM:
       HON'BLE MR. JUSTICE J.R. MIDHA

                       JUDGMENT (ORAL)

1. The appellants have challenged the award of the Claims Tribunal whereby compensation of Rs.11,50,000/- has been awarded to respondent No.1.

2. The accident dated 29th September, 2013 resulted in the death of Ramesh who was travelling in the TSR which met with an accident with the appellant's bus. The deceased was aged of 19 years at the time of the accident and was survived by his wife to filed claim petition before the Claims Tribunal. The Claims Tribunal took the minimum wages of Rs.9,386/-, deducted 50% towards his personal expenses and applied the multiplier of 18 to compute the loss of dependency at Rs.10,15,000/-. The Claims Tribunal awarded Rs.1 lakh towards loss of consortium, Rs.10,000/- towards loss of estate and Rs.25,000/- towards funeral expenses. The total compensation

awarded is Rs.11,50,000/-.

3. Learned counsel for the appellants urged at the time of hearing that the TSR in which the deceased was travelling was over-crowded and, therefore, the appellants are not liable to pay the compensation. It is further submitted that the compensation awarded is on a higher side and warrants reduction.

4. Learned counsel for respondent No.1 submits that four other claims arose out of the accident in question and all the claims were decided by a common award dated 21st April, 2016. It is further submitted that the appellants have satisfied the remaining four awards and, therefore, the finding of negligence and the liability of the appellants has become final. It is further submitted that the compensation awarded by the Claims Tribunal is just, fair and reasonable.

5. Learned counsel for the appellants does not dispute that the appellants have satisfied the common award in respect of the four connected claims. In that view of the matter, finding of negligence and liability of the appellants has become final and cannot be agitated by the appellants in this appeal.

6. With respect to the quantum of compensation awarded by the Claims Tribunal, this Court is satisfied that the compensation awarded by the Claims Tribunal is just, fair and reasonable and does not warrant any interference.

7. The appeal is dismissed.

8. The appellant has deposited the entire award amount with UCO Bank, Delhi High Court Branch in terms of order dated 29 th July,

2016. The order of disbursement shall be passed after examining of respondent No.1.

9. List for appearance of respondent No.1 on 04th January, 2017.

DECEMBER 06, 2016                                    J.R. MIDHA, J.
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