Research › Search › Judgment

Delhi High Court · body

2010 DIGILAW 184 (DEL)

RAJIV BALI v. NARENDER KUMAR

2010-02-03

J.R.MIDHA

body2010
JUDGMENT : J.R. Midha, J. The appellant in M.A.C. Appeal No. 368 of 2009 has challenged the impugned award whereby compensation of Rs. 1,22,500 has been awarded to claimants-respondent Nos. 1 to 3. Respondent Nos. 1 to 3 filed cross-appeal bearing M.A.C. Appeal No. 387 of 2009 seeking enhancement of the award amount. 2. The accident dated 9.4.2005 resulted in the death of Jai Devi. The deceased was survived by her three sons, who filed the claim petition before the Claims Tribunal. The deceased was aged 54 years at the time of the accident. As per post-mortem report, the age of the deceased was 62 years. The learned Tribunal took the age of the deceased as 60 years. The learned Tribunal took income of the deceased as Rs. 25,000 per annum, deducted half towards her personal expenses and applied multiplier of 9 to compute the loss of dependency at Rs. 1,12,500. Rs. 5,000 was awarded for loss to the estate and Rs. 5,000 for funeral expenses. The total compensation awarded is Rs. 1,22,500. 3. The appellant in M.A.C. Appeal No. 368 of 2009 has urged following grounds at the time of hearing of the appeal: (i) The sons of the deceased were not dependent on the deceased and, therefore, they are not entitled to loss of dependency. (ii) The multiplier to be reduced from 9 to 8. 4. The appellant in M.A.C. Appeal No. 387 of 2009 has urged following grounds for enhancement of award amount at the time of hearing the appeal: (i) The income of the deceased be taken to be Rs. 3,500 per month. (ii) The personal expenses be reduced from 1/2 to 1/3rd. (iii) Compensation be awarded for loss of love and affection. (iv) Medical expenses of Rs. 4,000 be awarded. 5. The deceased is survived by her three sons who are financially independent and were not dependent upon the deceased. However, they are entitled to compensation for loss to estate in terms of the judgment of this court in the case of Keith Rowe v. Prashant Sugar, 2011 ACJ 1734 (Del). The loss to estate comprises the savings of the deceased which would have devolved upon her sons irrespective of their dependency. The loss to estate is taken to be 73rd of the income of the deceased. The learned Tribunal has taken the income of deceased to be Rs. The loss to estate comprises the savings of the deceased which would have devolved upon her sons irrespective of their dependency. The loss to estate is taken to be 73rd of the income of the deceased. The learned Tribunal has taken the income of deceased to be Rs. 25,000 which is fair and reasonable in the facts and circumstances of the case. The sons of the deceased are entitled to 73rd of the said amount towards the loss to estate. The learned Tribunal has applied the multiplier of 9 by taking the age of the deceased as 60 years. Both the parties agree that multiplier of 8 be applied for computation of compensation. Taking the loss to estate of the deceased to be 1/3rd of the income of the deceased and applying the multiplier of 8, the loss to estate is computed to be Rs. 66,666 (Rs. 25,000 x 73 x 8). Rs. 5,000 awarded by the learned Tribunal for loss to estate is taken to be for loss of love and affection. Rs. 13,400 more is awarded towards loss of love and affection. Rs. 4,000 is awarded towards medical expenses. The claimants are entitled to total compensation of Rs. 89,066 (Rs. 66,666 + Rs. 13,400 + Rs. 4,000 + Rs. 5,000), rounded off as Rs. 90,000. The learned Tribunal has awarded interest at the rate of 9 per cent per annum which is on the higher side and is reduced to 7.5 per cent per annum. 6. M.A.C. Appeal No. 368 of 2009 is allowed and the award amount is reduced from Rs. 1,22,500 to Rs. 90,000 along with interest at the rate of 7.5 per cent per annum. 7. M.A.C. Appeal No. 387 of 2009 is dismissed.