Smt. Bimla Devi and Others vs Durga and Others

K. C. Puri, J.—This is an appeal directed by widow and two sons of Chiranji Lal who died in a motor vehicular accident.

The Tribunal, after adjudication, accepted the claim petition. The income of the deceased was taken as Rs. 1,10,071/-. As per bills, Exhibit P-5 to P-31, the net income was taken as Rs. 86,000/- per annum. The remaining amount was considered as expenses for earning the income of Rs. 1,10,071/-. 1/3rd amount was deducted on account of personal expenses of the deceased. The annual dependency was taken as Rs. 57,400/- and multiplier of 6 has been applied. In this manner, the claimants were held entitle to Rs. 3,44,200/-.

Feeling dissatisfied with the above said award, the present appeal has been preferred for enhancement of compensation.

Learned Counsel for the appellants has submitted that the income of deceased was Rs. 1,10,071/- as per receipts Exhibit P-5 to P-31. So, the net income has been taken as Rs. 86,000/- which should have been taken as Rs. 1,10,071/-.

I have carefully considered the submissions made by both the sides and have gone through the records.

I do not find any force in the contentions made by learned Counsel for the appellants. The learned Tribunal has rightly held that the deceased must be spending amount on electricity consumption and towards dry cleaning machine. He must have kept a servant for taking and supplying clothes from the Air Force Station. So, the income has been rightly assessed by the Tribunal. 1/3rd deduction has also been correctly made. However, in view of authority "Smt. Sarla Verma and Ors. v. Delhi Transport Corporation and Anr." 2009 (3) RCR (Civil) 77", the multiplier applicable in the age group of 61-65 should have been 7. So, the claimants are held entitle to Rs. 57,400/- more in addition to the amount already awarded by the Tribunal. The Tribunal has not allowed any amount in respect of funeral expenses, loss of consortium and loss of estate. A sum of Rs. 15,000/- stands allowed on these heads. The Tribunal has also not allowed any amount in respect of expenses incurred by the claimants for treatment of the deceased in PGI. As per Exhibit P-33, the accident took place on 17.02.2006 and the deceased died on 24.02.2006. So an amount of Rs. 10,000/- stands allowed on account of expenses incurred by the claimants on the treatment of deceased. In this manner, the claimants are held entitle to claim Rs. 82,400/-(Rs. 57,400 + 15,000 + 10,000) more in addition to the amount awarded by the Tribunal, along with interest @ 7% per annum from the date of filing the appeal till its realisation. Out of the above said enhanced amount, a sum of Rs. 50,000/- shall be paid to the widow and the remaining amount shall be paid to the other claimants in equal shares. The liability to pay the amount shall remain the same as ordered by the Tribunal.

Disposed of.