New India Assurance Co. Ltd. vs Gursharan Kaur and Others

J.R. Midha, J.

CM No. 5467/1999

For the reasons stated in the application and also noting that the claimants have good case on merits, the delay in filing of the cross-objections is condoned.

The application stands disposed of.

CM No. 5466/2009

The learned Tribunal has awarded a sum of Rs. 7,20,000/- to the claimants who have filed this cross-objections for enhancement of the award amount.

The accident dated 16th June, 1994 resulted in the death of Malkiat Singh. The deceased was survived by his widow, son, daughter and father who filed the claim petition before the learned Tribunal.

The deceased was aged 36 years at the time of the accident and was carrying on his business of contractorship. The learned Tribunal took the income of the deceased to be Rs. 7,000/- per month and deducted Rs. 2,000/- towards personal expenses of the deceased. The loss of dependency of the claimant was taken to be Rs. 5,000/- per month. The learned Tribunal applied the multiplier of 12 to compute the loss of dependency at Rs. 7,20,000/-. 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 claimants submit that the appropriate multiplier according to the recent judgment of the Hon''ble Supreme Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, which may be applied to the present case. The learned Counsel for the claimants also seek compensation towards loss of consortium, loss of love and affection, loss of estate and funeral expenses.

Following the aforesaid judgment of the Hon''ble Supreme Court in the case of Sarla Verma (supra), the multiplier is enhanced from 12 to 15. Applying the multiplier of 15, the loss of dependency is computed to be Rs. 9,00,000/- (Rs. 5,000 x 12 x 15). Rs. 10,000/- is awarded towards loss of consortium, Rs. 10,000/- towards love and affection, Rs. 10,000/- towards loss of estate and Rs. 5,000/- towards funeral expenses. The claimants are entitled to total compensation of Rs. 9,35,000/- (Rs. 9,00,000 + Rs. 10,000 + Rs. 10,000 + Rs. 10,000 + Rs. 5,000).

The appeal is allowed and the award amount is enhanced from Rs. 7,20,000/- to Rs. 9,35,000/-.

The learned Tribunal has awarded interest @12% per annum which is not disturbed on the original award amount of Rs. 7,20,000/-. However, on the enhanced award amount, the rate of interest shall be 7.5% per annum from the date of filing of petition till realization.

The enhanced award amount along with interest be deposited by the appellant with the learned Tribunal within 30 days. The share of the claimants in the award amount shall be as under:

Claimant No. 1 : 70% Claimants No. 2 to 4 : 10% each

Upon the award amount being deposited, the share of claimants/respondents No. 2 to 4 be released to them. Out of the share of claimant/respondent No. 1, 20% of the total enhanced award amount be also released to her. 50% of the enhanced award amount be kept in fixed deposit in the name of claimant/respondent No. 1 for a period of five years on which monthly interest be paid to her. However, no loan, advance or withdrawal be permitted without the permission of this Court.

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