Jaswant Singh Sodhi vs Anil Kumar

J.R. Midha, J.—The appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 4,06,944/- has been awarded to the appellants. The appellants seek enhancement of the award amount.

The accident dated 26th December, 2005 resulted in the death of Kunwar Sodhi aged 19 and half years. The deceased was survived by his parents and brother who filed the claim petition before the learned Tribunal.

The deceased was engaged in the profession of teaching tuitions and was earning Rs. 8,000/- per month. The deceased was simultaneously doing Graduation from Delhi University besides doing GNIIT three-year Graduation Course from NIIT.

The father of the appeared in the witness box as PW-1 and deposed that the deceased was engaged in the profession of imparting tuitions and was earning approximately Rs. 10,000/-. PW-1 also proved the Income Tax Return as Ex.PW-1/15 and Ex.PW-1/16 relating to the financial year 1st April, 2005 to 31st March, 2006 (assessment year 2006-07) which shows annual income of the deceased to be Rs. 1,02,450/-.

The appellants produced the parents of the students who were taking tuitions from the deceased as PW-2, PW-3 and PW-4. PW-2 deposed that his son was studying in sixth standard and was taking tuitions from the deceased till his death and he was paying Rs. 1,500/- towards tuition charges to the deceased. PW-3 deposed that his son was studying in class sixth and was taking tuitions from the deceased for which he was paying Rs. 1,500/- to the deceased and his daughter in class eight was also taking tuitions from the deceased for which he was paying Rs. 2,000/- per month as tuition charges to the deceased. PW-4 deposed before the learned Tribunal that his daughter in class eight was taking tuition from the deceased for which he was paying Rs. 2,000/- to the deceased and his son studying in class five was also taking tuition from the deceased for which he was paying Rs. 1,500/- to the deceased. All the three witnesses were cross-examined by respondent No. 3.

The learned Tribunal held that the income of the deceased was not sufficiently proved by documentary evidence and, therefore, took the minimum wages of Rs. 3,614/- as the income of the deceased. The future prospects and increase of minimum wages was also taken into consideration and the average income was taken to be Rs. 5,421/- by taking the average of Rs. 3,614/- and its double. The learned Tribunal deducted 1/3 towards the personal expenses of the deceased and applied the multiplier of 8 to compute the loss of dependency at Rs. 3,46,944/-, Rs. 10,000/- was awarded towards funeral expenses and Rs. 50,000/- towards compensation for loss of love and affection. The total compensation awarded is Rs. 4,06,944/-.

On considering the entire evidence, this Court is of the view that the appellants have proved the occupation as well as the income of the deceased. The father of the deceased appeared as PW-1 and proved the income of the deceased. Three parents appeared before the learned Tribunal to prove the occupation as well as income of the deceased. There is sufficient evidence on record to prove the occupation as well as the income of the deceased. The income of the deceased is, therefore, taken to be Rs. 8,520/-. Future prospects are not allowed on the said income in view of the latest judgment of the Hon''ble Apex Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, decided on 15th April, 2009. The learned Tribunal has deducted 1/3 of the personal expenses of the deceased. Considering that the deceased was unmarried, the proper deduction is 1/2. The dependency of the appellants is taken to be half. The learned Tribunal has applied the multiplier of 8 considering the age of the father to be 57 years at the time of the accident. However, the age of the mother was 52 years at the time of the accident and the appropriate multiplier according to the age of the mother is 11. The loss of dependency of the appellants is computed to be Rs. 5,62,320/- (Rs. 8,520 x 1/2 x 12 x 11). The compensation awarded towards loss of love and affection is fair and reasonable. The total compensation to the appellant is computed at Rs. 6,22,320/- (Rs. 5,62,320 + Rs. 50,000 + Rs. 10,000).

The appeal is, therefore, allowed. The award amount is enhanced from Rs. 4,06,944/- to Rs. 6,22,320/- along with the interest @ 7.5% from the date of filing of the petition till realization.

The enhanced amount along with interest be deposited by respondent No. 3 with the learned Tribunal within 30 days. Upon such deposit being made, the learned Tribunal is directed to release the same to the appellants. No restriction of fixed deposit is being made considering the old age of the appellants and also that at this age they would be wise enough to protect and appropriately utilize the enhanced amount.

Copy of the order be given dasti to counsel for both the parties under the signatures of the Court Master.