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2010 DIGILAW 136 (DEL)

ANITA DEVI v. SHAMSHER SINGH

2010-01-27

J.R.MIDHA

body2010
JUDGMENT : J.R. Midha, J. The appellants have challenged the award of learned Tribunal whereby compensation of Rs. 7,70,280 has been awarded to the appellants. Appellants seek enhancement of the award amount. The accident dated 31.12.97 resulted in the death of Satyender Singh. The deceased was survived by his widow, son and parents who filed the claim petition before the learned Tribunal. 2. The deceased was aged 31 years at the time of the accident and was working as a stenographer with Delhi Administration, earning Rs. 6,878 per month. The learned Tribunal took the income of the deceased to be Rs. 6,878 per month, deducted 1/3rd towards personal expenses and applied the multiplier of 14 to compute the loss of dependency at Rs. 7,70,280. No compensation has been awarded for loss of consortium, loss of love and affection, loss to estate and funeral expenses. 3. 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) Personal expenses of the deceased be reduced from 1/3rd to 1/4th. (iii) The multiplier be enhanced from 14 to 16. (iv) Compensation be awarded for loss of love and affection, loss to estate and loss of consortium and funeral expenses. 4. Following the judgment of Hon'ble Supreme Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, AIR 2009 SC 3104 , 50 per cent is added for future prospects of the deceased, the personal expenses of the deceased are reduced from 1/3rd to 1/4th and the multiplier is enhanced from 14 to 16. Rs. 10,000 is awarded for loss of consortium, Rs. 10,000 towards loss of love and affection, Rs. 10,000 towards loss to estate and Rs. 5,000 towards funeral expenses. The appellants are entitled to the total compensation of Rs. 15,20,648 {[(Rs. 6,878 + 50 per cent of Rs. 6,878) x 3/4 x 12 x 16] + Rs. 10,000 + Rs. 10,000 + Rs. 10,000 + Rs. 5,000}. 5. The learned counsel for respondent Nos. 2 and 3 submit that the appellants have claimed Rs. 10,00,000 and, therefore, the increase in the award amount should be restricted to Rs. 10,00,000. It is well settled by the judgment of the Hon'ble Supreme Court in the case of Nagappa Vs. 10,000 + Rs. 10,000 + Rs. 10,000 + Rs. 5,000}. 5. The learned counsel for respondent Nos. 2 and 3 submit that the appellants have claimed Rs. 10,00,000 and, therefore, the increase in the award amount should be restricted to Rs. 10,00,000. It is well settled by the judgment of the Hon'ble Supreme Court in the case of Nagappa Vs. Gurudayal Singh and Others, AIR 2003 SC 674 , that the claimants are entitled to just compensation and the amount awarded can exceed the amount claimed. It was held as under: (21) For the reasons discussed above, in our view, under the M.V. Act, there is no restriction that Tribunal/court cannot award compensation amount exceeding the claimed amount. The function of the Tribunal/court is to award 'just' compensation which is reasonable on the basis of evidence produced on record. The appeal is allowed and the award amount is enhanced from Rs. 7,70,280 to Rs. 15,20,648. The learned Tribunal has awarded interest at the rate of 9 per cent per annum which is not disturbed on the original award amount of Rs. 7,70,280. However, on the enhanced award amount, the rate of interest shall be 7.5 per cent per annum from the date of filing of the petition till realization.