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2010 DIGILAW 49 (DEL)

Balvinder Kaur v. Delhi Transport Corporation

2010-01-13

J.R.MIDHA

body2010
JUDGMENT : J.R. MIDHA, J. 1. The appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 5,75,000/- has been awarded to the appellants. The appellants seek enhancement of the award amount. 2. The accident dated 10.12.1986 resulted in the death of Kuldeep Singh. The deceased was survived by his widow, daughter and son who filed the claim petition before the learned Tribunal. 3. The deceased was aged 46 years at the time of the accident and was working as a Wing Commander in Ministry of Defence earning Rs. 10,000 per month. The learned Tribunal deducted 1/3rd towards the personal expenses of the deceased and applied the multiplier of 7 to compute the loss of dependency at Rs. 5,60,000/-. Rs. 15,000 has been awarded for loss of consortium and loss to estate. The total compensation awarded is Rs. 5,75,000/-. 4. The learned Counsel for the appellants has urged the following grounds at the time of hearing of this appeal: (i) The multiplier be enhanced from 7 to 13. (ii) The future prospects of the deceased be taken into consideration. (iii) Compensation be awarded for loss of love and affection and funeral expenses. 5. The Hon'ble Supreme Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, (2009) 6 SCC 121 , held that the appropriate multiplier at the age of 46 years to be 13 and 30 per cent should be added towards the future prospects in respect of the deceased aged between 40 and 50 years. 6. Following the aforesaid judgment of the Hon'ble Supreme Court, the multiplier is enhanced from 7 to 13 and 30 per cent is added towards the future prospects. 7. The income of the deceased for computation of compensation is taken to be Rs. 13,000 per month (Rs. 10,000 + 30 per cent of Rs. 10,000). 8. Taking the income of the deceased to be Rs. 13,000 per month, deducting 1/3rd towards the personal expenses of the deceased and applying the multiplier of 13, the loss of dependency is computed to be Rs. 13,52,000 (Rs. 13,000 x 12 x 2/3 x 13). 9. The learned Tribunal has awarded Rs. 15,000 towards loss of consortium and loss to estate. However, no compensation has been awarded for loss of love and affection and funeral expenses. Rs. 10,000 is awarded for loss of love and affection and Rs. 13,52,000 (Rs. 13,000 x 12 x 2/3 x 13). 9. The learned Tribunal has awarded Rs. 15,000 towards loss of consortium and loss to estate. However, no compensation has been awarded for loss of love and affection and funeral expenses. Rs. 10,000 is awarded for loss of love and affection and Rs. 5,000 towards funeral expenses. The total compensation is computed to be Rs. 13,82,000 (Rs. 13,52,000 + Rs. 15,000 + Rs. 10,000 + Rs. 5,000). 10. The appeal is allowed and the award amount is enhanced from Rs. 5,75,000 to Rs. 13,82,000. The learned Tribunal has awarded interest at the rate of 12 per cent per annum which is not disturbed on the original award amount of Rs. 5,75,000. However, on the enhanced award amount, the rate of interest shall be at the rate of 7.5 per cent per annum from the date of filing of the petition till realization.