Delhi High Court
Suman Devi & Ors. vs Suresh Joshi & Ors. on 23 December, 2016
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 23rd December, 2016
+ MAC. APPL. 1100/2014 & C.M. APPL. 19971/2014
SUMAN DEVI & ORS. ..... Appellants
Through: Mr. O.P. Mainie, Advocate
Versus
SURESH JOSHI & ORS. ..... Respondents
Through: Mr. Sameer Nandwani and Mr. P.
Acharya, Advocates for respondent
No.3
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT
1. The appellants have challenged the award of the Claims
Tribunal whereby compensation of Rs.3,75,000/- has been awarded to
the appellants. The appellants seek enhancement of the award
amount.
2. The accident dated 22nd August, 2010 resulted in the death of
Rahul. The deceased was a bachelor aged 16 years studying in 9th
standard at the time of the accident. He was survived by his mother
and unmarried sister who filed the claim petition before the Claims
Tribunal.
3. The Claims Tribunal took the notional income of the deceased
as Rs.15,000/- per annum, applied to the multiplier of 15 to compute
the loss of dependency as Rs.2,25,000/-. The Claims Tribunal awarded
Rs.75,000/- under the head of future prospects and Rs.75,000/- under
the head of non-pecuniary damages. The Claims Tribunal awarded
the total compensation of Rs.3,75,000/- to the appellants.
4. Learned counsel for the appellants urged at the time of the
hearing that the compensation awarded to the appellants be enhanced
to Rs.7,50,000/-. Reliance is placed on Municipal Corporation of
Delhi v. Association of Victims of Uphaar Tragedy, (supra) in which
the Supreme Court awarded compensation of Rs.7,50,000/- to victims
below the age of 20 years.
5. In the case of Municipal Corporation of Delhi v. Association
of Victims of Uphaar Tragedy, (supra), 59 persons died in Uphaar
tragedy in 1997 and the Supreme Court granted compensation of
Rs.7,50,000/- to the victims below 20 years of age by taking their
income as Rs.6,249/- per month whereas the minimum wages at the
relevant time were less than Rs.2600/-. The Supreme Court held as
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. Applying the principles laid down by this Court in Municipal
Corporation of Delhi v. Association of Victims of Uphaar Tragedy
(supra), this Court is of the view that the appellants are entitled to
compensation of Rs.7,50,000/-. The Claims Tribunal has awarded
interest @ 12% per annum which is on higher side and which is
reduced to @ 9% per annum from the date of filing of the petition till
realization.
7. The appeal is allowed and the award amount is enhanced from
Rs.3,75,000/- to Rs. 7,50,000/- along with interest @ 9% per annum
from date of petition till realisation.
8. Respondent No.3 is directed to deposit the enhanced award
amount with UCO Bank A/c Suman Devi within four weeks.
9. List for disbursement of the enhanced award amount on 08th
February, 2017.
10. The appellant shall remain present on the next date of hearing.
11. Copy of this order be given dasti to learned counsels for the
parties under signature of Court Master.
DECEMBER 23, 2016 J.R. MIDHA, J.
rsk
