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Rajasthan High Court · body

2010 DIGILAW 112 (RAJ)

O. C. Jose v. D. T. C.

2010-01-14

J.R.MIDHA

body2010
Hon'ble MIDHA, J.—The appellants have challenged the award of the learned Tribunal whereby compensation of Rs.1,00,000/- has been awarded to them. The appellants seek enhancement of the award amount. 2. The accident dated 4th November, 1988 resulted in the death of Joy C.S. The deceased was survived by his parents who filed claim petition before the learned Tribunal. The father of the deceased expired during the pendency of the claim petition. 3. The deceased was aged 28 years at the time of the accident and was employed with M/s J.C.T. Electronics. The learned Tribunal took the salary and future prospects into consideration and computed the income of the deceased as Rs.2,000/- per month, deducted 1/3rd towards personal expenses and applied the multiplier of 5 to compute the loss of dependency at Rs.80,000/-. Rs.20,000/- has been awarded towards loss of love and affection, mental agony and funeral expenses. The total compensation awarded is Rs.1,00,000/-. 4. The learned counsel for the appellant has urged the following grounds at the time of hearing of this appeal:- (i) The multiplier be enhanced. (ii) The compensation be awarded for loss of estate. 5. The deceased was aged 28 years at the time of the accident. The mother of the deceased was aged 62 years at the time of the accident. The appropriate multiplier considering the age of the mother of the deceased is 7 according to the judgment of the Hon’ble Supreme Court in the case of Sarla Verma vs. Delhi Transport Corporation, 2009(6) Scale 129 = 2009(1) CCR 276 (SC) = 2009(4) RLW 2785 (SC). Following the aforesaid judgment, the multiplier is enhanced from 5 to 7. 6. The learned Tribunal has not awarded any compensation for loss of estate. Rs.10,000/- is awarded towards loss of estate. The appellant is entitled total compensation of Rs.1,42,000/- [(Rs.2,000 x 2/3 x 12 x 7) + Rs.20,000 + Rs.10,000]. 7. The appeal is allowed and the award amount is enhanced from Rs.1,00,000/- to Rs.1,42,000/-. The learned Tribunal has awarded interest @ 8% per annum which is not disturbed on the original award amount of Rs.1,00,000/-. 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. 8. The enhanced award amount along with interest be deposited by respondent No.2 with State Bank of India, Tis Hazari Branch A/c Sarama Skaria through Mr. 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. 8. The enhanced award amount along with interest be deposited by respondent No.2 with State Bank of India, Tis Hazari Branch A/c Sarama Skaria through Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322) within 30 days. 9. The order of disbursement shall be passed on the next date of hearing after examining the claimants who are directed to remain present in the Court on the next date of hearing. 10. List on 16th February, 2010. 11. Copy of this order be given ‘Dasti’ to learned counsel for the parties under the signature of Court Master.