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2009 DIGILAW 868 (DEL)

Puppy v. Bhagwan

2009-08-10

J.R.MIDHA

body2009
JUDGMENT : J.R. Midha, J. The appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 2,25,000/- has been awarded to the appellants. The appellants seek enhancement of the award amount. 2. The accident dated 22nd March, 1993 resulted in the death of Billoo. The deceased was survived by his widow, two sons, one daughter and parents who filed the claim petition before the learned Tribunal. 3. The deceased was working with the Municipal Corporation of Delhi as Baildar. The salary of the deceased was proved by salary certificate - Ex.PW1/A for the month of March, 1993 whereby salary of Rs. 1,889/- was paid for the 22 days of March, 1993. The learned Tribunal deducted 1/3rd towards personal expenses of the deceased and applied the multiplier of 15 to compute the loss of dependency at Rs. 2,25,000/-. No compensation has been awarded towards loss of consortium, loss of love and affection, loss of estate and funeral expenses. 4. The learned Counsel for the appellant submits that the salary of Rs. 1,889/- per month is for 22 days of March, 1993 and the monthly salary of the deceased be computed by adding the salary of nine days. The learned Counsel for the appellant seeks addition in the salary towards future prospects. The learned Counsel further submits that the deceased left behind six legal representatives and was aged 30 years at the time of the accident and, therefore, the personal expenses of the deceased be reduced from 1/3rd to 1/4th and the multiplier of 17 be applied. The learned Counsel for the appellant further seeks the non-pecuniary compensation towards loss of consortium, loss of love and affection, loss of estate and funeral expenses. 5. The salary of the deceased according to the salary certificate - Ex.PW1/A for 22 days of March, 1993 is Rs. 1,889/-. The proportionate salary of nine days would be Rs. 773/-. The total monthly salary of the deceased is taken to be Rs. 2,662/- (Rs. 1,889 + Rs. 773). According to the recent judgment of the Hon'ble Supreme Court in the case of Smt. Sarla Verma and Others Vs. 1,889/-. The proportionate salary of nine days would be Rs. 773/-. The total monthly salary of the deceased is taken to be Rs. 2,662/- (Rs. 1,889 + Rs. 773). 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, (2009) 6 SCC 121 , 50% of the salary has to be added towards the future prospects, 1/4th has to be deducted towards the personal expenses in case of six dependant family members and the multiplier of 17 has to be applied for the age of 30 years. Following the aforesaid judgment of the Hon'ble Supreme Court, 50% of the salary is added towards the future prospects, 1/4th is deducted towards the personal expenses of the deceased and the multiplier of 17 is applied to compute the loss of dependency at Rs. 6,10,929/- [(Rs. 2,662 + Rs. 1,331) x 3/4 x 12 x 17]. Rs. 10,000/- is awarded towards loss of love and affection, Rs. 10,000/-towards loss of consortium, Rs. 10,000/- towards loss of estate and Rs. 5,000/- towards funeral expenses. The total compensation is computed to be Rs. 6,45,929/- (Rs. 6,10,929 + Rs. 10,000 + Rs. 10,000 + Rs. 10,000 + Rs. 5,000). 6. The appeal is allowed and the award amount is enhanced from Rs. 2,25,000/- to Rs. 6,45,929/-. The learned Tribunal has awarded interest @10% per annum which is not disturbed on the original award amount of Rs. 2,25,000/-. However, on the enhanced award amount, the rate of interest shall be 7.5% from the date of filing of the petition till realization. 7. The respondents are directed to deposit the enhanced award amount along with interest with the UCO Bank of this Court within 30 days. The deposit be made by means of a cheque drawn in the name of UCO Bank A/c Smt. Puppy and be handed over to Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400). 8. The order with respect to disbursement of the award amount shall be passed on 5th October, 2009 after hearing the claimants. The claimants/respondents are directed to remain present in the Court on the next date of hearing. 9. Copy of this order be given 'Dasti' to learned Counsel for the parties under the signature of Court Master.