Delhi High Court
Uttar Pradesh State Roadways ... vs R.K. Sachdeva & Ors. on 23 December, 2016
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 23rd December, 2016
+ MAC.APP. 182/2008
UTTAR PRADESH STATE ROADWAYS ..... Appellant
TRANSPORT CORPORATION
Through: Ms. Garima Prashad and Mr.
Shadab Khan, Advocate
Versus
R.K. SACHDEVA & ORS. ..... Respondents
Through: Mr. S.N. Parashar, Advocate
Mr. Pradeep Gaur, Advocate for
National Insurance Co. Ltd.
+ MAC.APP. 242/2008
R.K. SACHDEVA ..... Appellant
Through: Mr. S.N. Parashar, Advocate
Versus
UTTAR PRADESH STATE ROADWAYS ..... Respondents
TRANSPORT CORPORATION & ORS.
Through: Ms. Garima Prashad and Mr.
Shadab Khan, Advocate
Mr. Pradeep Gaur, Advocate for
National Insurance Co. Ltd.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT
1. Both the parties have challenged the award passed by the
Claims Tribunal whereby compensation of Rs.3,42,000/- has been
awarded in respect of death of Suruchi Sachdeva. The claimants are
seeking enhancement of the award amount whereas U.P. State Road
Transport Corporation is seeking reduction of the award amount.
2. The accident dated 04th May, 2003 resulted in the death of
Suruchi. The deceased aged 18 years at the time of the accident, was a
student of 12th standard and had appeared in medical entrance test.
The deceased was survived by her father who filed the claim petition.
The Claims Tribunal took the notional income of the deceased as
Rs.3,000/- per month , deducted 1/3rd towards personal expenses and
applied the multiplier of 13 according the age of father to compute the
loss of dependency as Rs.3,12,000/-. The Claims Tribunal awarded
Rs.10,000/- towards transportation of dead body, Rs.10,000/- towards
loss of estate and Rs.10,000/- towards funeral expenses. Total
compensation awarded is Rs.3,42,000/- along with interest @ 7.5%
per annum.
3. Learned counsel for the claimants urged at the time of hearing
that income of the deceased be taken as Rs.10,000/- per month, 50%
be added towards future prospects and multiplier of 18 be applied to
compute the loss of dependency. The claimants seek Rs.1 lakh
towards loss of love and affection, Rs.1 lakh towards loss of estate and
Rs.50,000/- towards funeral expenses. The claimants also seek
enhancement of the rate of interest from 7.5% to 9%.
4. Learned counsel for UP State Road Transport Corporation seeks
reduction of the award amount on the ground that notional income of
Rs.15,000/- per annum be taken and personal expenses of the deceased
be reduced from 1/3rd to 1/2.
5. This Court is of the view that the Claims Tribunal grossly erred
in assuming the income of the deceased as merely Rs.3,000/- per
month. In the case of Municipal Corporation of Delhi v. Association
of Victims of Uphaar Tragedy, AIR 2012 SC 100 in which 59 persons
died, the Supreme Court awarded compensation of Rs.10 lakh to
persons above 20 years and Rs.7.5 lakh to persons below 20 years by
assuming their income as Rs.8,333/- and Rs.6,429/- respectively. The
Uphaar tragedy took place in the year 1997 whereas the accident in
question took place on 04th May, 2003 i.e. 6 years after Uphaar
tragedy. The findings of the Supreme Court are reproduced
hereunder:-
"38. ... It can be by way of making monetary amounts
for the wrong done or by way of exemplary damages,
exclusive of any amount recoverable in a civil action
based on tortuous liability. But in such a case it is
improper to assume admittedly without any basis, that
every person who visits a cinema theatre and purchases
a balcony ticket should be of a high income group
person. In the year 1997, Rs. 15,000 per month was
rather a high income. The movie was a new movie with
patriotic undertones. It is known that zealous movie
goers, even from low income groups, would not mind
purchasing a balcony ticket to enjoy the film on the first
day itself. To make a sweeping assumption that every
person who purchased a balcony class ticket in 1997
should have had a monthly income of Rs. 15,000 and on
that basis apply high multiplier of 15 to determine the
compensation at a uniform rate of Rs. 18 lakhs in the
case of persons above the age of 20 years and Rs. 15
lakhs for persons below that age, as a public law
remedy, may not be proper. While awarding
compensation to a large group of persons, by way of
public law remedy, it will be unsafe to use a high
income as the determinative factor. The reliance upon
Neelabati Behera (AIR 1993 SC 1960 : 1993 AIR SCW
2366) in this behalf is of no assistance as that case
related to a single individual and there was specific
evidence available in regard to the income. Therefore,
the proper course would be to award a uniform amount
keeping in view the principles relating to award of
compensation in public law remedy cases reserving
liberty to the legal heirs of deceased victims to claim
additional amount wherever they were not satisfied with
the amount awarded. Taking note of the facts and
circumstances, the amount of compensation awarded
in public law remedy cases, and the need to provide a
deterrent, we are of the view that award of Rs. 10 lakhs
in the case of persons aged above 20 years and Rs. 7.5
lakhs in regard to those who were 20 years or below as
on the date of the incident, would be appropriate. We
do not propose to disturb the award of Rs. 1 lakh each
in the case of injured. The amount awarded as
compensation will carry interest at the rate of 9% per
annum from the date of writ petition as ordered by the
High Court, reserve liberty to the victims or the LRs. of
the victims as the case may be to seek higher remedy
wherever they are not satisfied with the compensation.
Any increase shall be borne by the Licensee (theatre
owner) exclusively."
(Emphasis Supplied)"
6. This Court is of the view that it would be fair and reasonable to
assume the income of the deceased as Rs.10,000/- per month.
Deducting 50% towards the personal expenses and applying the
multiplier of 13, the loss of dependency is computed as Rs.7,80,000/-.
Rs.1 lakh is awarded towards loss of love and affection and Rs.1 lakh
towards loss of estate. Adding Rs.10,000/- towards funeral expenses
and Rs.10,000/- towards transportation of dead body charges, the total
compensation is computed as Rs.10,00,000/-. The rate of interest is
enhanced from 7.5% per annum to 9% per annum.
7. The MAC.APP. 242/2008 is allowed and the compensation is
enhanced from Rs.3,42,000/- to Rs.10,00,000/- along with interest rate
of 9% per annum from the date of petition. The MAC.APP. 182/2008
is dismissed.
8. The enhanced award amount be deposited by UPSRTC with the
UCO Bank, Delhi High Court Branch by means of a cheque drawn in
the name of UCO Bank A/c R. K. Sachdeva within four weeks from
today.
9. List for disbursement of the award amount to the respondents
on 06th February, 2017.
10. Copy of this judgement be given dasti to learned counsels for
the parties.
DECEMBER 23, 2016 J.R. MIDHA, J.
rsk
