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2010 DIGILAW 137 (DEL)

Krishna Devi v. Abrar Ahmad

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. 11,00,900 has been awarded to the Appellants. The Appellants seek enhancement of the award amount. 2. The accident dated 4.7.2003 resulted in the death of Ami Lal. The deceased was survived by his widow and three sons who filed the claim petition before the learned Tribunal. 3. The deceased was aged about 46 years at the time of the accident and was working as ASI with Delhi Police earning Rs. 10,105 per month. 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. 10,50,816. Rs. 10,000 has been awarded for funeral expenses and Rs. 40,000 towards loss of love and affection and loss of consortium. The total compensation awarded is Rs. 11,00,816, rounded off to Rs. 11,00,900. 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 personal expenses of the deceased be reduced from 1/3rd to 74th. (iii) The compensation be awarded for loss to estate. 5. Following the judgment of Hon'ble Supreme Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, (2009) 6 SCC 121 , 30 per cent of the salary of the deceased is added for the future prospects and personal expenses of the deceased are reduced from 73rd to 74th. Rs. 10,000 is awarded towards loss to estate. 6. Taking the income of the deceased to be Rs. 10,105, adding 30 per cent towards future prospects, deducting 74th towards personal expenses, applying the multiplier of 13, adding Rs. 10,000 towards funeral expenses, Rs. 40,000 towards loss of love and affection and loss of consortium and Rs. 10,000 for loss to estate, the total compensation is computed to be Rs. 15,96,970 {[(Rs. 10,105+ 30 per cent of Rs. 10,105) x 12 x 3/4 x 13] + Rs. 10,000 + Rs. 40,000 + Rs. 10,000}. 7. The appeal is allowed and the award amount is enhanced from Rs. 11,00,900 to Rs. 15,96,970 along with interest at the rate of 7.5 per cent per annum from the date of filing of the petition till realization. 8. 10,105) x 12 x 3/4 x 13] + Rs. 10,000 + Rs. 40,000 + Rs. 10,000}. 7. The appeal is allowed and the award amount is enhanced from Rs. 11,00,900 to Rs. 15,96,970 along with interest at the rate of 7.5 per cent 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. 3 with UCO Bank, Delhi High Court Branch A/c Krishna Devi by means of a cheque through M.M. Tandon, Member, Retail Team, UCO Bank, Parliament Street, New Delhi (Mobile No. 09310356400) within 30 days. 9. List for passing order of disbursement on 10.2.2010. 10. Copy of this order be given dasti to Learned Counsel for both the parties under signature of Court Master.