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2011 DIGILAW 1060 (DEL)

Manju v. Azeemuddin

2011-12-08

G.P.MITTAL

body2011
JUDGMENT : G.P. Mittal, J. The Appellants seek enhancement of compensation in respect of death of Dhirender Kumar, who died in a motor accident, which took place on 08.02.2008. 2. The Appellants' grievance is that from the service record as also from the Identity Card it was proved that the deceased's date of birth was 01.07.1968 thus he was less than 40 years. The deceased's being in settled job, the Appellants were entitled to the addition of 50% of his income as future prospects and a multiplier of 15' as per the law laid down in Smt. Sarla Verma & Others Vs. Delhi Transport Corporation & Anr., AIR 2009 SC 3104 . It is urged that a sum of Rs. 5,000/- towards love and affection awarded by the Tribunal was towards lower side considering that the deceased left behind their minor children apart from the parents and the widow. 3. With the help of learned counsel for the parties, I have checked the Tribunal's record. In the service record deceased's date of birth is mentioned as 01.07.1968. Thus it is established that the deceased was less than 40 years on the date of accident and, therefore, the Appellants were entitled to an addition of 50% towards future prospects. After deducting the liability towards income tax and applying the multiplier of 15 the dependency works out to be Rs. 28,72,328/- ( Rs. 15,422/- + 50% = Rs. 23,133/- - Rs. 1,856.5 (income tax) - 1/4th x 12 x 15). 4. There is need for enhancement of the compensation of Rs. 10,000/- to Rs. 25,000/- for loss of love and affection. The compensation awarded is tabulated hereunder:- Sl. No. Head of Compensation Compensation granted by the Tribunal Compensation granted by the High Court 1. Loss of dependency Rs. 12,63,150/- Rs. 28,72,328/- 2. Loss of estate Rs. 5,000/- Rs. 5,000/- 3. Funeral expenses Rs. 5,000/- Rs. 5,000/- 4. Loss of consortium Rs. 10,000/- Rs. 10,000/- 5. Loss of love & affection Rs. 5,000/- Rs. 25,000/- Total Rs. 12,88,150/- Rs. 29,17,328/- 5. The Respondents are jointly and severally liable to pay the enhanced compensation of Rs. 16,29,178/- along with interest @ 7.5% from the date of filing of the petition till the date of payment. Respondent No.1 is directed to deposit the amount within six weeks. Loss of love & affection Rs. 5,000/- Rs. 25,000/- Total Rs. 12,88,150/- Rs. 29,17,328/- 5. The Respondents are jointly and severally liable to pay the enhanced compensation of Rs. 16,29,178/- along with interest @ 7.5% from the date of filing of the petition till the date of payment. Respondent No.1 is directed to deposit the amount within six weeks. 10% of the enhanced compensation along with proportionate interest shall be payable to Appellants No.2 to 6 and rest of the amount shall be payable to Appellant No.1. 6. 60% of the amount payable to Appellants No.1, 5 & 6 shall be held in the form of FDR for a period of 5 years. Rest of the amount shall be released forthwith. The amount payable to Respondents No.2 to 4 shall be held in the form of FDR in UCO Bank, Delhi High Court Branch, New Delhi till they attain the age of majority. The Appellants would be entitled to payment of quarterly interest. 7. The appeal is allowed in above terms. A copy of this order be communicated to UCO Bank, Delhi High Court Branch, New Delhi.