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2010 DIGILAW 100 (DEL)

Naseem Begum v. Delhi Transport Corporation

2010-01-21

J.R.MIDHA

body2010
JUDGMENT : J.R. Midha, J. The Appellants have nal whereby compensation of Rs. 93,600 challenged the award of the learned Tribu- has been awarded to the Appellants. The Appellants seek enhancement of the award amount. 2. The accident dated 27.4.1988 resulted in the death of Rafiq Ahmad. The deceased was survived by his widow and four minor children who filed the claim petition before the learned Tribunal. 3. The deceased was aged 38 years at the time of the accident and was working as Junior Instructor in Delhi Administration earning Rs. 1,820 per month. The learned Tribunal deducted 1/3rd towards personal expenses of the deceased and applied the multiplier of 13 to compute the loss of dependency at Rs. 1,87,200. No compensation has been awarded for loss of love and affection, loss to estate, loss of consortium and funeral expenses. The learned Tribunal deducted 50 per cent of the aforesaid amount towards contributory negligence of the deceased and awarded Rs. 93,600 to the Appellants. 4. The Learned Counsel for the Appellants has urged the following grounds at the time of hearing of this appeal: (i) The future prospects of the deceased be taken into consideration. (ii) The multiplier be enhanced from 13 to 15. (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, loss to estate, loss of consortium and funeral expenses. (v) The deduction towards contributory negligence be set aside. 5. It is well settled by 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 , that the appropriate multiplier at the age of 38 years is 15, appropriate deduction where the deceased has left behind five legal representatives is 1/4th and the future prospects in respect of the deceased aged less than 40 years are 50 per cent of the salary of the deceased. 6. Following the aforesaid judgment of the Hon'ble Supreme Court, 50 per cent of the salary of the deceased is added towards the future prospects, 1/4th is deducted for the personal expenses and the multiplier is enhanced from 13 to 15. Rs. 10,000 is awarded for the loss of love and affection, Rs. 10,000 for loss to estate, Rs. 10,000 for loss of consortium and Rs. 5,000 for funeral expenses. Rs. 10,000 is awarded for the loss of love and affection, Rs. 10,000 for loss to estate, Rs. 10,000 for loss of consortium and Rs. 5,000 for funeral expenses. The total compensation is computed to be Rs. 4,03,550 {[(Rs. 1,820 + 50 per cent of Rs. 1,820) x 3/4 x 12 x 15] + Rs. 10,000 + Rs. 10,000 + Rs. 10,000 + Rs. 5,000}. 7. The learned Tribunal has deducted 50 per cent of the aforesaid amount towards contributory negligence of the deceased. The DTC bus was standing on the red light and the deceased was getting down from the bus. In the meantime, the light turned green and the bus moved and the deceased fell down from the bus resulting in fatal injuries. The deceased was held to be negligent for getting down from the bus on the red light. However, the contribution of the deceased in the negligence is reduced to 25 per cent as the driver of the bus could have avoided the accident by being careful. The driver of the bus could see any person getting into or getting down from the bus from the mirror. 8. In the facts and circumstances of this case, negligence of the deceased is taken to be 25 per cent and 25 per cent amount is liable to be deducted from the aforesaid compensation. 9. The Appellant is entitled to total compensation of Rs. 3,02,662 (Rs. 4,03,550-25 per cent of Rs. 4,03,550). 10. The appeal is allowed and the award amount is enhanced from Rs. 93,600 to Rs. 3,02,662. The learned Tribunal has awarded interest at the rate of 10 per cent per annum which is not disturbed on the original award amount of Rs. 93,600. However, on the enhanced award amount, the rate of interest shall be at the rate of 7 per cent per annum from the date of filing of the petition till realization.