Ram Murti Devi vs State of Haryana

J.R. Midha, J.—The appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 1,40,280/- has been awarded to the appellant. The appellant seeks enhancement of the award amount.

The accident dated 10th March, 1985 resulted in the death of Suraj Bhan. The deceased was survived by his widow, three sons, one daughter and mother who filed the claim petition before the learned Tribunal.

The deceased was working as Security Guard with Delhi Transport Corporation earning Rs. 823.75 per month. The learned Tribunal took the future prospects into consideration. The income of the deceased for the purpose of computation of the compensation was taken to be Rs. 1,250/-. 1/3rd was deducted towards the personal expenses of the deceased and the multiplier of 14 was applied to compute the loss of dependency at Rs. 1,40,280/-. No compensation has been awarded towards the loss of consortium, loss of love and affection, loss of estate and funeral expenses.

The Learned Counsel for the appellant submits that the personal expenses of the deceased be reduced from 1/3rd to 1/4th considering that the deceased left behind six dependents and the compensation be awarded for loss of consortium, loss of love and affection, loss of estate 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 1/4th has to be deducted towards the personal expenses of the deceased where the deceased left behind 4 to 6 dependents.

Following the aforesaid judgment, the personal expenses of the deceased are reduced from 1/3rd to 1/4th. The learned Tribunal has applied the multiplier of 14. However, the appropriate multiplier according to the judgment of the Hon''ble Supreme Court in the case of Sarla Verma (Supra) for the age of 35 is 16. The multiplier is enhanced from 14 to 16. Taking the income of the deceased at Rs. 1,250/-, deducting 1/4th towards the personal expenses of the deceased and applying the multiplier of 16, the loss of dependency of the appellant is computed to be Rs. 1,80,000/- (Rs. 1,250 x 3/4 x 12 x 16). Rs. 10,000/- is awarded towards loss of consortium, Rs. 5,000/- is awarded towards loss of love and affection, Rs. 5,000/- is awarded towards loss of estate and Rs. 5,000/- is awarded for funeral expenses. The total compensation is computed to be Rs. 2,05,000/- (Rs. 1,80,000 + Rs. 10,000 + Rs. 5,000 + Rs. 5,000 + Rs. 5,000).

The appeal is allowed. The award amount is enhanced from Rs. 1,40,280/- to Rs. 2,05,000/-. The rate of interest @12% is not disturbed on the original award amount of Rs. 1,40,280/-. However, the rate of interest @7.5% per annum is awarded on the enhanced award amount from the date of filing of the petition till realization.

Respondent Nos. 1 and 2 are directed to deposit the enhanced award amount along with interest with the learned Tribunal within 40 days. The shares of the appellants shall be in the same proportion as in the original award.

The learned Tribunal is directed to disburse the same to the claimants without any restriction of fixed deposit.

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