Prem Prakash and Others vs Panni Lal and Others

J.R. Midha, J.—The appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 3,84,000/- has been awarded to the appellants. The appellants seek enhancement of the award amount.

The accident dated 21st November, 1987 resulted in the death of Sujata. The deceased was survived by her husband and two minor children who filed the claim petition before the learned Tribunal.

The deceased was aged 30 years at the time of the accident and was working as TGT Teacher in Government Girls Higher Secondary School, Madangir, Delhi drawing a salary of Rs. 2,310/- per month. The learned Tribunal took the income of the deceased as Rs. 3,000/- per month, deducted 1/3rd towards the personal expenses of the deceased and applied the multiplier of 16 to compute the loss of dependency at Rs. 3,84,000/-.

The learned Counsel for the appellants has urged the following grounds at the time of hearing of this appeal:

(i) The income of the deceased be taken into consideration by adding 50% towards the future prospects.

(ii) The compensation be awarded for loss of love and affection, loss of estate, loss of consortium and funeral expenses.

It is well settled by the recent judgment of the Hon''ble Supreme Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, that in respect of deceased aged less than 40 years, 50% has to be added towards future prospects.

Following the aforesaid judgment, the income of the deceased is taken to be Rs. 3,465/- (Rs. 2,310 + 50% of Rs. 2,310).

The learned Tribunal has not awarded any compensation for loss of love and affection, loss of estate, loss of consortium and funeral expenses. Considering the accident to be of the year 1987, Rs. 5,000/- is awarded towards loss of love and affection, Rs. 5,000/- is awarded towards loss of estate, Rs. 5,000/- is awarded towards loss of consortium and Rs. 5,000/- is awarded towards funeral expenses.

Taking the income of the deceased to be Rs. 3,465/-, deducting 1/3rd towards the personal expenses of the deceased, applying the multiplier of 16, adding Rs. 5,000/- towards loss of love and affection, Rs. 5,000/- towards loss of estate, Rs. 5,000/- towards loss of consortium and Rs. 5,000/- towards funeral expenses, the total compensation is computed to be Rs. 4,63,520/- [(Rs. 3,465 X 2/3 X 12 X 16) + Rs. 5,000 + Rs. 5,000 + Rs. 5,000 + Rs. 5,000).

The appeal is allowed and the award amount is enhanced from Rs. 3,84,000/- to Rs. 4,63,520/-. The learned Tribunal has awarded interest @ 12% per annum which is not disturbed on the original award amount of Rs. 3,84,000/-. However, on the enhanced award amount, the rate of interest shall be @7.5% per annum from the date of filing of the petition till realization.

The enhanced award amount along with interest be deposited by respondent No. 4 with UCO Bank, Delhi High Court Branch A/c Prem Parkash by means of a cheque through Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400) within 30 days.

The order with respect to the disbursement of the award amount shall be passed after examining the appellants who are directed to remain present in Court on the next date of hearing.

List the appeal on 22nd December, 2009.

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