Darshna Devi and Others vs Satbir Singh and Others

K.C. Puri, J.—This is an appeal directed by Darshna Devi-widow, Yogesh, Parvesh - minor sons, Kela Devi-mother and Sat Narayan - father of deceased Surinder, who died in a motor vehicular accident.

Learned Tribunal after adjudication, accepted the claim petition and allowed a sum of Rs. 3,60,600/-. The income of the deceased was taken as Rs. 2,700/- per month. 1/3rd amount was deducted on account of personal expenses of the deceased. In this manner, the monthly dependency was taken as Rs. 1,800.- per month and the annual dependency was taken as Rs. 21,600/- (1800 X 12). The age of the deceased was taken as 28 years and multiplier applied by the Tribunal was 16. So, in this manner, the amount was calculated as Rs. 3,45,600/- ( 21,000 X 16 ). Another amount of Rs. 15,000/- was granted on account of last rites of the deceased and loss of estate etc. The total amount in this manner was calculated as Rs. 3,60,600/-. The liability to pay the said amount was held that of respondents No. 1 and 2 to the extent of 50% and respondents No. 5 and 6 to the extent of remaining 50%. Respondents No. 4 and 7 were, however, exonerated.

Feeling dissatisfied with the above said award, the present appeal has been filed for enhancement of compensation.

Learned Counsel for the appellants has submitted that deceased was running a hotel at Jind-Safidon Road under the name and style of Swagat Hotel and Resorts and was also an agriculturist and he used to earn Rs. 12,000/- per month from these works. Learned tribunal has wrongly taken the income of the deceased as Rs. 2,700/- per month. To support this contention, learned Counsel for the appellants has relied upon the authority reported as V. Subulakshmi and Ors. v. S. Lakshmi and Anr. 2008 (1) RCR (Civil) 904. It is further contended that cut of 1/4th should have been imposed in respect of personal expenses of the deceased in view of authority reported as Smt. Sarla Verma and Ors. v. Delhi Transport Corporation and Anr. 2009 (3) RCR (Civil) 77 as there are 5 dependents. It is further contended that in view of said authority, the multiplier applied is 17.

Counsel for the respondents have supported the judgment of the Tribunal and have opposed the prayer.

I have carefully considered the rival submissions made by both the sides and have also gone through the record of the case.

So, far as authority in v. Subulakshmi''s case (Supra) is concerned, that authority is distinguishable as in that case tax return was produced but the same was filed after the death of the deceased. However, I am of the view that income of the deceased should have been taken at least as Rs. 3,000/- per month and the dependency should have been calculated by imposing the cut of 1/4th regarding personal expenses of the deceased as the claimants are 5 in number, in view of Smt. Sarla Verma''s case (Supra). In this manner, the monthly dependency comes to Rs. 2,250/- and the yearly dependency comes to Rs. 27,000/- (2250 X 12). By applying the multiplier of 17 in view of Smt. Sarla Verma''s case (Supra) the amount is calculated as Rs. 4,59,000/- (27,000 X 17). The Tribunal has allowed a sum of Rs. 15,000/- regarding last rites and loss of estate etc. However, no amount has been granted on account of loss of consortium and transportation of the dead body. So, another amount of Rs. 10,000/- stands allowed in this regard. So, the total amount calculated in this manner comes to Rs. 4,84,000/-. The enhanced amount of Rs. 1,23,400/- shall carry interest @ 7% per annum from the date of filing of appeal till payment. Out of the said enhanced amount, an amount Rs. 73,400/- shall be paid to the widow as she has to spend whole of her life on the earning of her husband and the remaining amount shall be shared equally by the remaining claimant-appellants. The share of the minors shall be deposited in the shape of FDRs in such a manner that it shall earn maximum rate of interest. The liability to pay the enhanced amount shall be the same as held by the Tribunal.

The appeal stands disposed of.