Urmilavaid and Another vs Prakash and Others

J.R. Midha, J.—The appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 5,78,600/- has been awarded to the appellants. The appellants seek enhancement of the award amount.

The accident dated 26th February, 2005 resulted in the death of Amit Vaidh. The deceased was survived by his parents who filed the claim petition before the learned Tribunal.

The deceased was aged 28 years at the time of the accident. The deceased was working as HR Officer with e-Serve International Ltd. and was earning Rs. 14,788/-. After deduction of Income Tax of Rs. 1073/-, the income of the deceased was taken to be Rs. 13,715/-. 1/3rd has been deducted towards personal expenses of the deceased and the multiplier of 5 has been applied to compute the loss of dependency at Rs. 5,48,600/-. Rs. 15,000/- has been awarded towards loss of love and affection, Rs. 10,000/- towards loss of estate and Rs. 5,000/- towards funeral expenses. Total compensation awarded is Rs. 5,78,600/-.

The appellants have challenged the impugned award on the ground that the future prospects have not been taken into consideration and the lower multiplier has been applied.

The deceased had a permanent job and, therefore, following the recent judgment of the Hon''ble Supreme Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, ; 50% of the income of the deceased is added as future prospects. The income of the deceased was Rs. 13,715/-. Adding 50% towards future prospects, the income of the deceased for computation of loss of dependency is taken to be Rs. 20,572.50. The learned Tribunal has deducted 1/3rd of the income towards personal expenses of the deceased. Since the deceased was unmarried, the personal expenses of the deceased have to be taken as 50%. After deduction of 50% towards personal expenses of the deceased, the loss of dependency of the appellants is computed at Rs. 10,286.25. The annual loss of dependency is taken to be Rs. 1,23,435/-. The learned Tribunal has applied the multiplier of 5. The age of the mother of the deceased at the time of the accident was 58 years and, therefore, the appropriate multiplier according to the recent judgment of the Hon''ble Supreme in the case of Sarla Verma (supra), is 9. Applying the multiplier of 9, the loss of dependency of the appellant is computed to be Rs. 11,10,915/- (Rs. 1,23,435 X 9). Adding Rs. 15,000/- towards loss of love and affection, Rs. 10,000/- towards loss of estate and Rs. 5,000/- towards funeral expenses, the total compensation is computed at Rs. 11,40,915/-.

The appeal is allowed and the award amount is enhanced from Rs. 5,28,600/- to Rs. 11,40,915/- along with interest at the rate of 7.5% per annum from the date of filing of the petition till payment.

The enhanced amount along with interest be deposited by the respondent No. 3 with the Registrar General of this Court within 30 days.

The order with respect to the disbursement of the amount shall be passed on the next date of hearing. The appellants are directed to remain present in the Court on the next date of hearing.

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

Re-notify on 15th September, 2009.