25
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO No.717/2003
Date of Decision: 9th December, 2009
%
SUSHMA & ORS. ..... Appellants
Through : Mr. V.P. Chaudhary, Sr. Adv.
with Ms. Sushma, Adv.
versus
NEW INDIA ASSURANCE CO.LTD ..... Respondent
Through : Mr. Kanwal Chaudhary, Adv.
for R--1.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may YES
be allowed to see the Judgment?
2. To be referred to the Reporter or not? YES
3. Whether the judgment should be YES
reported in the Digest?
JUDGMENT (Oral)
1. The appellants have challenged the award of the
learned Tribunal whereby compensation of Rs.5,53,000/- has
been awarded to the appellants. The appellants seek
enhancement of the award amount.
2. The accident dated 15th March, 1991 resulted in the
death of Chander Mohan. The deceased was survived by his
widow, son, two daughters and mother who filed the claim
petition before the learned Tribunal.
3. The deceased was aged 40 years and five months at
the time of the accident and was a Government Servant
earning Rs.4,000/- per month. The learned Tribunal took the
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future prospects into consideration and the income of the
deceased after future prospects was taken at Rs.6,000/- per
month. The learned Tribunal deducted 1/3rd towards the
personal expenses of the deceased and applied the multiplier
of 11 to compute the loss of dependency at Rs.5,28,000/-.
The learned Tribunal has awarded Rs.10,000/- towards
funeral expenses and Rs.15,000/- towards loss of consortium.
The learned Tribunal has awarded total compensation of
Rs.5,53,000/- to the appellants.
4. The learned Senior Counsel for the appellants has
urged the following grounds at the time of hearing of this
appeal:-
(i) The multiplier be enhanced from 11 to 15.
(ii) The deduction towards the personal expenses of
the deceased be reduced from 1/3rd to 1/4th.
(iii) The compensation be awarded for loss of love and
affection and loss of estate.
5. The Hon’ble Supreme Court in the case of Sarla Verma
Vs. Delhi Transport Corporation, 2009 (6) Scale 129
held the appropriate multiplier at the age of 40 years to be
15 and the appropriate deduction towards the personal
expenses to be 1/4th where the deceased has left behind 4 to
6 legal representatives.
6. Following the aforesaid judgment of the Hon’ble
Supreme Court, the multiplier is enhanced from 11 to 15 and
the personal expenses are reduced from 1/3rd to 1/4th. The
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learned Tribunal has not awarded any compensation for loss
of love and affection and loss of estate. Rs.10,000/- is
awarded for loss of love and affection and Rs.10,000/- is
awarded for loss of estate.
7. Taking the income of the deceased to be Rs.6,000/-, per
month, deducting 1/4th towards the personal expenses of the
deceased, applying the multiplier of 15, adding Rs.15,000/-
for loss of consortium, Rs.10,000/- for loss of love and
affection, Rs.10,000/- for loss of estate and Rs.10,000/- for
funeral expenses, the total compensation computed to be
Rs.8,55,000/-. [(Rs.6,000 X 12 X 3/4 X 15) + Rs.15,000 +
Rs.10,000 + Rs.10,000 + Rs.10,000)].
8. The appeal is allowed and the award amount is
enhanced from Rs.5,53,000/- to Rs.8,55,000/-. The learned
Tribunal has awarded interest @9% per annum which is not
disturbed on the original award amount of Rs.5,53,000/-.
However, on the enhanced award amount, the rate of
interest shall be @7.5% per annum from the date of filing of
the petition till realization but the appellant shall not be
entitled to any interest for 2½ years in terms of the para 24
of the award, which is not interfered in the peculiar facts of
this case.
9. The enhanced award amount along with interest be
deposited by respondent No.1 with UCO Bank, Delhi High
Court Branch A/c Sushma through Mr. M.M. Tandon, Member-
Retail Team, UCO Bank Zonal, Parliament Street, New Delhi
FAO No.717/2003 Page 3 of 4
(Mobile No. 09310356400) within 30 days.
10. The order with respect to the disbursement of the
award amount shall be passed after examining the
appellants who are directed to remain present in Court on
the next date of hearing.
11. List for directions on 11th January, 2010.
12. Copy of this order be given ‘Dasti’ to learned counsel
for both the parties under signature of Court Master.
J.R. MIDHA, J
DECEMBER 09, 2009
mk
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