Asharfi Devi and Others vs Kishori Lal and Others

J.R. Midha, J.—The appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 1,80,000/- has been awarded to the appellants. The appellants seek enhancement of the award amount.

The accident dated 3rd May, 1999 resulted in the death of Ram Niwas. The deceased was survived by his widow, three minor sons, one daughter and mother who filed the claim petition before the learned Tribunal.

The deceased was working as a mason at the time of the accident. The learned Tribunal took the minimum wages of Rs. 1,000/- per month for skilled worker. After considering the future prospects, the learned Tribunal took the income of the deceased at Rs. 1,500/- per month. 1/3rd was deducted towards the personal expenses of the deceased and the multiplier of 15 was applied to compute the loss of dependency at Rs. 1,80,000/-. No compensation has been awarded towards loss of consortium, loss of love and affection, loss of estate and funeral expenses.

The learned Counsel for the appellant submits that the personal expenses of the deceased be reduced from 1/3rd to 1/4th considering that the deceased left behind four legal representatives.

The learned Counsel for the appellants also seek compensation towards loss of consortium, loss of love and affection, loss of estate and funeral expenses.

It is well settled by the recent judgment of the Hon''ble Supreme Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, that 1/4th has to be deducted towards personal expenses of the deceased who has left behind 4 to 6 legal representatives.

Following the aforesaid judgment, the personal expenses of the deceased are reduced from 1/3rd to 1/4th. Applying the multiplier of 15, loss of dependency is computed to be Rs. 2,02,500/- (Rs. 1,500 x 3/4 x 12 x 15). Rs. 10,000/- is awarded towards loss of consortium, Rs. 10,000/- is awarded towards loss of love and affection, Rs. 5,000/- towards loss of estate and Rs. 5,000/- towards funeral expenses. The total compensation is computed to be Rs. 2,32,500/- (Rs. 2,02,500 + Rs. 10,000 + Rs. 10,000 + Rs. 5,000 + Rs. 5,000).

The appeal is allowed and the award amount is enhanced from Rs. 1,80,000/- to Rs. 2,32,500/-. The learned Tribunal has awarded interest @ 9% per annum which is not disturbed on the original award amount of Rs. 1,80,000/-. However, on the enhanced award amount, the rate of interest shall be 7.5% from the date of the filing of the petition till realization.

The respondent No. 3 is directed to deposit the enhanced award amount along with interest with UCO Bank A/c Asharfi Devi within 35 days. The order with respect to disbursement of the award amount shall be passed on the next date of hearing after examining the appellants who are directed to remain present in the Court on the next date of hearing.

List for directions on 1st December, 2009.

Copy of this order be given ''Dasti'' to learned Counsel for both the parties under the signature of Court Master.