Babita Devi and Others vs Rohtash and Others

G.P. Mittal, J.—The Appeal is for enhancement of compensation of Rs.10,95,000/- awarded for the death of Satbir who died in a motor

vehicle accident which occurred on 16.01.2002. In the absence of any Appeal by the driver, owner or the Insurer, the finding on negligence has

attained finality between the parties.

During inquiry before the Claims Tribunal it was claimed that the deceased was working as a Constable in Delhi Police and was earning

Rs.8442/- per month. The salary certificate Ex. PW-1/1 in this regard was duly proved. It was also proved that the deceased was aged 36 years.

Following Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , the Appellants were entitled to an addition of 50% on

account of future prospects and deduction was to be one-fourth as against one-third taken by the Claims Tribunal; the appropriate multiplier was

15.

On deducting a sum of Rs.130/- towards conveyance allowance, which was incidental to the employment of the deceased and making a

deduction of Rs.4,000/- towards income tax, the loss of dependency comes to Rs.16,15,680/- (8312/- x 12 - 4,000/- (income tax) + 50% x 3/4

x 15).

The Appellants would be further entitled to a sum of Rs.25,000/- towards loss of love and affection and Rs.10,000/- each towards loss of

consortium, loss to estate and funeral expenses.

The compensation is thus enhanced from Rs.10,95,000/- to Rs.16,70,680/-.

The enhanced compensation of Rs.5,75,680/- shall carry interest @ 7.5% per annum from the date of filing of the petition till its payment.

Respondent No. 3 New India Assurance Company Limited is directed to deposit the enhanced compensation along with interest with the

Claims Tribunal within six weeks.

Ten percent of the compensation shall be payable to each of the Appellants No. 2 to 4. Rest 70% shall be payable to the First Appellant.

Sixty percent of the compensation payable to the First Appellant shall be held in fixed deposit for a period of three years. Rest shall be

released on deposit. The compensation payable to the Appellants No. 2 to 4 shall be held in fixed deposit for a period of five years. They shall be

entitled to premature release of the compensation, if the same is needed for their higher education or marriage, subject to the satisfaction of the

Claims Tribunal.

The Appeal is allowed in above terms. Pending Applications also stand disposed of.