Dhari Ram and Others vs DTC and Others

Kailash Gambhir, J.—By way of this appeal, the appellants seek to challenge the impugned award for claiming enhancement in the compensation amount. The brief facts of the case are as under.

The deceased Sh. Satbir Singh was going on 31.8.83 in a tempo No. DEL 6029 with his friend Sh. Promod Kumar and when the tempo reached near Wazirabad bridge over Jamuna, a DTC bus bearing registration No. DHP 3655 plying on route no. 212 driven by its driver in a rash and negligent manner and at a fast speed hit the tempo resulting into serious injury on the person of Sh. Satbir. He was admitted in Hindu Rao Hospital at about 11.00 P.M. but due to the excess loss of blood he died in the accident.

Counsel for the appellants contends that the Tribunal has wrongly assessed the income of the deceased at Rs. 25/- to Rs. 30/-per day although categorically it was stated and proved that the income of the deceased was between Rs. 40/- to Rs. 60 per day.

Counsel for the appellants further contends that no compensation has been awarded in favour of the appellant for funeral expenses and for loss of love and affection of the deceased child.

I have heard the counsel for the appellant. Nobody has chosen to appear for respondent/DTC. Although, on the last date Mr. J.S. Bhasin, Advocate sought time to prepare the matter and address the argument.

The deceased, a young boy of 19 years has died and it has been proved on record that he was earning a sum of Rs. 40/- to 60/- for doing cycle repair work. Once in the evidence the factum of the income was proved to be between Rs. 40/- to 60 per day then the same income as proved by the appellant should have been taken into consideration by the Tribunal and not the income on the basis of any rough assessment. The income of the deceased is thus accepted at Rs. 40/- per day and calculating the same for a month it would come to Rs. 1200/- per month and after deducting 1/3rd of the income towards the personal expenses of the deceased the net income meant for the dependents would come to Rs. 800/- per month. The deceased was 19 years of age and his parents were between 46 to 50 years, therefore, the appropriate multiplier as per the Second Schedule would be 13 on the basis of the age of the claimants. In this regard the Hon''ble Apex Court in The New India Assurance Company Limited Vs. Smt. Kalpana and Others, has observed as under:--

The multiplier method involves the ascertainment of the loss of dependency or the multiplicand having regard to the circumstances of the case and capitalising the multiplicand by an appropriate multiplier. The choice of the multiplier is determined by the age of the deceased (or that of the claimants whichever is higher) and by the calculation as to what capital sum, if invested at a rate of interest appropriate to a stable economy, would yield the multiplicand by way of annual interest. In ascertaining this, regard should also he had to the fact that ultimately the capital sum should also be consumed-up over the period for which the dependency is expected to last.

The total loss of financial dependents thus would come to Rs. 1,24,800/-. The amount of Rs. 60,000/- as granted to the appellants towards financial dependency is thus enhanced to Rs. 1,24,800/-. No amount towards funeral expenses has been granted by the Tribunal, therefore, an amount of Rs. 5000/- towards funeral expenses would be adequate if the same is granted in favour of the appellants. No amount towards loss of love and affection has been granted by the Tribunal. An amount of Rs. 25,000/- is granted towards loss of love and affection also. The respondent DTC shall now be liable to pay the differential amount of Rs. 94,800/- along with up-to-date interest @7% from the date of filing of the petition till realisation. With these directions, writ petition stands disposed of.