S. Lata Sekhar and Others vs Bhanwar Lal and Others

J.R. Midha. J.

The appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 4,83,000/- has been awarded to them. The appellants seek enhancement of the award amount.

The accident dated 22nd August, 1995 resulted in the death of V.M. Sekhar. The deceased was survived by his widow, one minor son, one minor daughter and parents, who filed the claim petition before the learned Tribunal.

The deceased was aged 35 years and was working with Municipal Corporation of Delhi as LDC earning Rs. 3,030/- per month. The learned Tribunal took the future prospects into consideration and took the income of the deceased for computation of income of the deceased as Rs. 4,500/- per month. 1/3 was deducted towards personal expenses of the deceased and the multiplier of 13 was applied to compute the loss of dependency at Rs. 4,68,000/-. Rs. 15,000/- has been awarded towards loss of estate and loss of consortium. The total compensation awarded is Rs. 4,83,000/-.

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

(i) The personal expenses of the deceased be reduced from 1/3 to 1/4 considering that the deceased has left behind five dependents.

(ii) The multiplier be enhanced from 13 to 16.

(iii) The compensation be awarded for love and affection 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 the appropriate multiplier at the age of 35 is 16 and the personal expenses of the deceased have to be deducted @ 1/4th of the income where the deceased has left four to six dependents. Following the aforesaid judgment of the Hon''ble Supreme Court, personal expenses of the deceased are reduced from 1/3 to 1/4 and the multiplier is enhanced from 13 to 16. The learned Tribunal has not awarded any amount towards loss of love and affection and funeral expenses. Rs. 10,000/- is awarded towards loss of love and affection and Rs. 10,000/- towards funeral expenses.

The total compensation to the appellants is computed as Rs. 6,83,000/- [(Rs. 4,500 X 3/4 X 12 X 16) + Rs. 15,000 + Rs. 10,000 + Rs. 10,000].

The appeal is allowed and the award amount is enhanced from Rs. 4,83,000/- to Rs. 6,83,000/-. The learned Tribunal awarded interest @ 9% per annum, which is not disturbed on the original award amount. However, the interest on the enhanced award amount shall be @ 7.5% per annum from the date of filing of the petition till date of realization.

The enhanced award amount along with interest be deposited by respondents No. 3 and 5 by means of a cheque drawn in the name of UCO Bank A/c S. Lata Sekhar within 30 days and the cheque be handed over to Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400).

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

List for directions on 29th October, 2009.

Copy of this order be given dasti to learned Counsel for both the parties.