Smt. Krishna and Others vs Dinesh Kumar and Others

K. C. Puri, J.

C.M No. 7777-CII OF 2009

The application stands allowed for the reasons mentioned in the application and delay of 269 days in filing the appeal stands condoned.

MAIN CASE

This is an appeal directed by widow and three children of deceased Krishan Chand, who died in a motor vehicular accident.

The Tribunal, after adjudication, accepted the claim petition and allowed a sum of Rs. 3,22,000/-. The income of deceased was taken as Rs. 3000/- per month. The dependency was taken as Rs. 2000/- per month, after deducting 1/3rd on account of personal expenses incurred by the deceased for his maintenance. The yearly dependency was taken as Rs. 2400/-. The age of the deceased was taken as 45 years and multiplier of 13 was applied by the Tribunal.

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

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

In this case so far as the income assessed by the Tribunal as Rs. 3000/- per month is concerned, that does not call for any interference, in view of the evidence on the file. However, the dependency is taken on lower side. In authority Smt. Sarla Verma and Ors. v. Delhi Transport Corporation and Anr. 2009 (3) RCR (Civil) 77", it has been held that where claimants are 4 to 6 in number, in that case the cut of 1/4th should be applied for personal expenses of deceased to calculate the dependency. In the case in hand, the claimants are four in number. So, the dependency is calculated as Rs. 2250/- after deducting 1/4th amount in respect of personal expenses of deceased. The yearly dependency comes to Rs. 27,000/-. The multiplier applicable in the age group of 4 1-45, as per Sarla Verma''s case (supra), is 14. By applying the multiplier of 14, the amount comes to Rs. 3,78,000/-. The Tribunal has allowed a sum of Rs. 10,000/- on account of loss of consortium, but no amount has been allowed in respect of loss of estate, last rites and transportation. So, another sum of Rs. 15,000/- stands allowed on these heads. In this manner, the total amount comes to Rs. 4,03,000/-. The claimants are held entitle to Rs. 81,000/- more in addition to the amount already awarded by the Tribunal. The enhanced amount shall carry interest @ 7% per annum. Out of the said enhanced amount, a sum of Rs. 51,000/- shall be paid to the widow alone and the remaining amount shall be paid to the remaining claimants in equal shares. The liability to pay the amount shall remain the same as ordered by the Tribunal.

Disposed of.