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2010 DIGILAW 70 (DEL)

Ram Pal v. Banwari Lal

2010-01-18

J.R.MIDHA

body2010
JUDGMENT : J.R. Midha, J. The appellants have challenged the award of learned Tribunal whereby compensation of Rs. 2,40,000 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 Santra Devi. The deceased was survived by her husband, two sons and two daughters who filed the claim petition before the learned Tribunal. 3. The deceased was aged 48 years at the time of the accident and was carrying on a dairy business earning Rs. 3,000 per month and was also doing household work. The learned Tribunal took the income of the deceased as Rs. 3,000 per month, deducted 1/3rd towards her personal expenses and applied the multiplier of 10 to compute the loss of dependency at Rs. 2,40,000. No compensation has been awarded for loss of consortium, loss of love and affection, loss to estate and funeral expenses. 4. The learned counsel for the appellants submits that the value of the services of the deceased be taken as Rs. 3,000 per month and the income of the deceased for computation of compensation be taken to be Rs. 6,000 per month (Rs. 3,000 from dairy business + Rs. 3,000 as value of her services). In the alternative, it is submitted that the future prospects be taken into consideration by taking the average of Rs. 3,000 and Rs. 6,000. In the alternative, it is submitted that the value of the services be taken as Rs. 3,000 per month as a housewife in terms of the judgment of the Hon'ble Supreme Court in the case of Lata Wadhwa and Others Vs. State of Bihar and Others, (2001) 8 SCC 197 . 5. In the facts and circumstances of this case, the first two submissions of learned counsel for the appellants are rejected. However, this court is inclined to treat the deceased as a housewife and the value of the services of the deceased according to the judgment of the Hon'ble Apex Court in the case of Lata Wadhwa (supra), is taken as Rs. 3,000 per month. No deduction for personal expenses is permissible while taking the value of the services as per the judgment of the Hon'ble Supreme Court. 6. Learned counsel for the appellants also seeks enhancement of the multiplier from 10 to 14. 3,000 per month. No deduction for personal expenses is permissible while taking the value of the services as per the judgment of the Hon'ble Supreme Court. 6. Learned counsel for the appellants also seeks enhancement of the multiplier from 10 to 14. The learned counsel also seeks compensation for loss of consortium, loss of love and affection, loss to estate and funeral expenses. 7. The learned Tribunal has applied the multiplier of 10. However, as per the judgment of the Hon'ble Supreme Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, (2009) 6 SCC 121 , the appropriate multiplier at the age of 48 years is 13. The multiplier is, therefore, enhanced from 10 to 13. Rs. 10,000 is awarded for loss of consortium, Rs. 10,000 for loss of love and affection, Rs. 10,000 for loss to estate and Rs. 5,000 towards funeral expenses. 8. Taking the value of the services of the deceased to be Rs. 3,000 per month and applying the multiplier of 13, the loss of dependency is computed to be Rs. 4,68,000 (Rs. 3,000 x 12 x 13). Adding Rs. 10,000 for loss of consortium, Rs. 10,000 towards loss of love and affection, Rs. 10,000 for loss to the estate and Rs. 5,000 towards funeral expenses, the total compensation is computed to be Rs. 5,03,000 (Rs. 4,68,000 + Rs. 10,000 + Rs. 10,000 + Rs. 10,000 + Rs. 5,000). 9. The appeal is allowed and the award amount is enhanced from Rs. 2,40,000 to Rs. 5,03,000. 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. 2,40,000. 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. 10. The enhanced award amount along with interest be deposited by respondent No. 4 with State Bank of India, Tis Hazari Branch A/c Ram Pal by means of a cheque through H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322) within 30 days.