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2010 DIGILAW 51 (DEL)

Partap Singh v. Banwari Lal

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. 1,50,000/- has been awarded to the appellants. The appellants seek enhancement of the award amount. 2. The accident dated 9.2.1997 resulted in the death of Suresh. The deceased was survived by her husband, three daughters and two sons who filed the claim petition before the learned Tribunal. 3. Deceased was aged about 38 years at the time of accident and was a housewife. Learned Tribunal has awarded lump sum amount of Rs. 1,50,000/- to the appellants. 4. The learned Counsel for the appellants has urged the following grounds at the time of hearing of this appeal: (i) The value of the services of the deceased be taken at the rate of Rs. 3,000 per month. (ii) The multiplier of 15 be applied to compute the loss of dependency. (iii) The compensation be awarded for loss of love and affection, loss to estate, loss of consortium and funeral expenses. 5. Following the judgment of Hon'ble Apex Court in the case of Lata Wadhwa and Others Vs. State of Bihar and Others, (2001) 8 SCC 197 , the value of services of the deceased is taken to be Rs. 3,000/- per month. 6. Deceased was aged 38 years at the time of accident. 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 , the multiplier of 15 is applied to compute the loss of dependency at Rs. 5,40,000/- (Rs. 3,000 x 12 x 15). 7. The learned Tribunal has not awarded any compensation for loss of love and affection, loss to estate, loss of consortium and funeral expenses. Rs. 10,000/- is awarded for loss of love and affection, Rs. 10,000/- for loss to estate, Rs. 10,000/- for loss of consortium and Rs. 5,000/- for funeral expenses. The total compensation computed to be Rs. 5,75,000/- (Rs. 5,40,000 + Rs. 10,000 + Rs. 10,000 + Rs. 10,000 + Rs. 5,000). 8. The appeal is allowed and the award amount is enhanced from Rs. 1,50,000/- to Rs. 5,75,000/-. 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. 1,50,000/-. 5,75,000/- (Rs. 5,40,000 + Rs. 10,000 + Rs. 10,000 + Rs. 10,000 + Rs. 5,000). 8. The appeal is allowed and the award amount is enhanced from Rs. 1,50,000/- to Rs. 5,75,000/-. 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. 1,50,000/-. 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. The share of appellant Nos. 2 to 6 in the award amount shall be equal.