Satwanti Devi and Others vs Rohtash Decd. Thr. LR''s.

J.R. Midha, J.—The appellants have challenged the award of the learned Tribunal whereby the compensation of Rs. 4,88,160/- has been

awarded to the appellants. The appellants seek enhancement of the award amount. The accident dated 25/26 December, 1992 resulted in the

death of Devinder Singh aged 37 years. The decreased was survived by his widow, two daughters, a son and parents who filed the claim petition

before the learned Tribunal.

The deceased was working with DESU (Delhi Electricity Supply Undertaking) as clerk and was earning Rs. 4,068/- at the time of the accident.

The learned Tribunal deducted 1/3rd towards the personal expenses and applied the multiplier of 15 to compute the loss of dependency at Rs.

4,88,160/-. 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 appellants has urged the following grounds at the time of hearing of this appeal:-

(i) The future prospects of the deceased have not been taken into consideration.

(ii) The personal expenses of the deceased be taken to be 1/4th instead of 1/3rd.

(iii) Non-pecuniary damages be awarded to the appellants.

(iv) The interest be awarded from the date of filing of the petition till realization.

With respect to the future prospects of the deceased, the appellants summoned the witness from the employer who appeared as PW4 and

deposed that the deceased would have earned a salary of Rs. 13,145/-even without any promotion and if he would have got promotion, his salary

would have been Rs. 14,995/-. The learned counsel for the appellants submit that the compensation be computed by taking the average of Rs.

4,960/- duly proved on record. The Hon''ble Supreme Court in the recent judgment of Smt. Sarla Verma and Others Vs. Delhi Transport

Corporation and Another, , has held that the future prospects be taken into consideration by adding 50% of the salary of the deceased below the

age of 40 years. Following the principles laid down by the Hon''ble Supreme Court in the aforesaid judgment, the future prospects are taken into

consideration by adding 50% of the salary of the deceased which comes to Rs. 6,102/-(Rs. 4,068 + Rs. 2,034).

The deceased has left behind six legal representatives, namely, widow, two daughters, a son and parents who have filed the claim petition before

the learned Tribunal. The personal expenses of the deceased have to be taken to be 1/4th according to the judgment of the Hon''ble Supreme

Court in the case of Sarla Verma (supra). The learned Tribunal has taken the personal expenses of the deceased to be 1/3rd of his income which

are reduced to 1/4th.

The leaned Tribunal has not awarded any compensation for loss of consortium, loss of love and affection, loss of estate and funeral expenses.

Rs. 10,000/- is awarded towards loss of love and affection, Rs. 10,000/- towards loss of estate, Rs. 10,000/- towards loss of consortium and Rs.

5,000/- towards funeral expenses. The appellants are entitled to the total compensation of RS.8,58,770/-(Rs. 4,576.50 x 15 + Rs. 10,000 + Rs.

10,000 + Rs. 10,00 + Rs. 5,000).

The learned Tribunal has awarded interest at the rate of 8% per annum on the award amount. However, in para 32 of the award, the learned

Tribunal has restricted the period of the interest from the date of judgment till payment minus the period of five years on the ground that the

appellants delayed the proceedings before the learned Tribunal. I do not agree with the findings of the learned Tribunal in this regard. The

compensation arising out of the death of the deceased became due immediately upon the death. The insurance companies are governed by Third

Party Claim Procedure Manual according to which they have to investigate the claim immediately upon receiving the intimation of the accident and

by the said investigation, they verify all the parameters required for computation of compensation. However, despite being aware of their liability,

the Insurance companies do not show the grace to offer the lawful compensation to the claimants and contest the case leaving the claimants to the

mercy of the circumstances. That apart, the Insurance Companies retain the Money due to the claimants and earn interest thereon and, therefore,

they cannot claim unjust enrichment by denying interest to the claimants. The claimants are, therefore, entitled to the interest on the entire award

amount from the date of filing of the petition till the payment by the Insurance company.

The appeal is accordingly allowed and the award amount is enhanced from Rs. 4,88,160/- to Rs. 8,58,770/- along with interest at the rate of

8% per annum from the date of filing of the petition till date of payment.

Respondent No. 3 is directed to deposit the enhanced amount along with interest thereon with in 30 days. The shares of the appellants in the

award amount shall be as under:-

Respondent No. 3 is directed to deposit the enhanced award by means of 10 account payee cheques as per the details given hereinbelow:

The respondent No. 3 shall deduct TDS in respect of the liability of interest out of the share of the appellants if the same exceeds Rs. 50,000/-.

The six cheques for Rs. 50,000/- each in the names of claimants be handed over to the claimants on the next date of hearing whereas the

remaining six cheques be handed over to the Post Master, Post Office, Delhi High Court Branch who shall put the said amount in the Monthly

Income Scheme (MIS) for a period of six years with an endorsement that no loan, advance or withdrawal be allowed before its expiry without the

permissions of this court.

Notice be issued to the Post Master, Post Office, Delhi High Court Branch to send the concerned officer to this Court on the next date of

hearing to personally collect the cheques.

List for compliance on 31st August, 2009. Copy of this order be given ''Dasti'' to learned counsel for the parties under signatures of Court

Master.