Sushma Singh and Others vs D.T.C. and Others

J.R. Midha, J.—The appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 3,00,632/- has been awarded to the appellants. The appellants seek enhancement of the award amount.

The accident dated 22nd July, 1998 resulted in the death of Gitender Kumar Singh. The deceased was survived by his widow, two daughters, a son and father who filed the claim petition before the learned Tribunal.

The deceased was aged 34 years at the time of the accident and was earning Rs. 3,500/- per month. The learned Tribunal took the future prospects into consideration, deducted Rs. 1,556/- towards personal expenses and applied the multiplier of 13 to compute the loss of dependency at Rs. 5,76,264/-. Rs. 25,000/- has been awarded towards loss of estate, loss of consortium and loss of funeral expenses. Out of the total compensation of Rs. 6,01,264/-, the learned Tribunal deducted 50% towards contributory negligence of the deceased and awarded the remaining 50% i.e. Rs. 3,00,632/- to the appellants.

The learned Counsel for the appellants have urged the following grounds at the time of hearing of this appeal:

(i) The finding of the learned Tribunal with respect to the contributory negligence be set aside.

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

(iii) The personal expenses of the deceased be reduced from 1/3rd to 1/4th.

(iv) The compensation be awarded for loss of love and affection.

With respect to the finding of the learned Tribunal towards contributory negligence, it is noted that that the deceased was travelling in DTC Bus bearing No. DEP-9855 while coming from Shivaji Stadium to Karol Bagh. The deceased wanted to get down at Gurudwara Road and he requested the driver to stop the bus. The driver slowed down the bus and asked the deceased to get down. However, the deceased fell down and was crushed under the rear wheel of the bus. The eye-witness, PW-3 deposed that the accident occurred due to the rash and negligent driving by the driver of the bus. The driver of the DTC Bus appeared in the witness box as RW-1 and deposed that the deceased jumped from the front gate of the moving bus and was, therefore, responsible for the accident. The learned Tribunal held the deceased to be 50% contributory negligent with respect to the accident. The finding of the contributory negligence is upheld. However, attributing 50% negligence to the deceased is not proper in the facts and circumstances of the case. Considering that the deceased got down from the front gate of the bus and the driver could have avoided the accident by either closing the door of the bus or by stopping the bus, the negligence of the deceased is held to be 20% and, therefore, the amount is liable to be reduced by 20%.

The deceased was aged 34 years at the time of the accident and the appropriate multiplier according to the recent judgment of the Hon''ble Supreme Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, . The multiplier is, therefore, enhanced from 13 to 16.

The learned Tribunal has deducted Rs. 1,556/- towards personal expenses of the deceased. The deceased has left behind five dependants and, therefore, the appropriate deduction according to the recent judgment of the Hon''ble Supreme Court in the case of Sarla Verma (supra) is 1/4th. The personal expenses of the deceased are, therefore, reduced to 1/4th.

The learned Tribunal has not awarded any compensation for loss of love and affection. Rs. 10,000/- is awarded for loss of love and affection.

Taking the income of the deceased to be Rs. 5,250/- per month, deducting 1/4th towards personal expenses and applying the multiplier of 16, the loss of dependency is computed to be Rs. 7,56,000/- (Rs. 5,250 x 12 x 16 x 3/4). Adding Rs. 25,000/- towards loss of estate, loss of consortium and funeral expenses and Rs. 10,000/- towards loss of love and affection, the total compensation is computed to be Rs. 7,91,000/- (Rs. 7,56,000 + Rs. 25,000 + Rs. 10,000). 20% is deducted towards contributory negligence of the deceased and the compensation payable to the appellants is computed to be Rs. 5,97,800/-.

The appeal is allowed and the award amount is enhanced from Rs. 3,00,632/- to Rs. 5,97,800/-. The learned Tribunal has awarded interest @9% per annum which is not disturbed on the original award amount of Rs. 3,00,632/-. However, on the enhanced award amount, the rate of interest shall be @7.5% per annum from the date of filing of the petition till realization.

The enhanced award amount along with interest be deposited by respondent No. 1 with UCO Bank, Delhi High Court Branch A/c Sushma Singh by means of a cheque through Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400) within 30 days.

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

List on 3rd February, 2010.