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Rajasthan High Court · body

2011 DIGILAW 2509 (RAJ)

Kamla Devi v. Managing Director HREC

2011-11-18

MOHAMMAD RAFIQ

body2011
RAFIQ, J.—Only two arguments, have been raised by learned counsel for the appellants while assailing the award of the learned Tribunal; firstly that in view of judgment of Supreme Court in Sarla Verma & Ors. vs. Delhi Transport Corporation & Anr.-(2009) 6 SCC 121 = 2009(1) CCR 276 (SC) = 2009(4) RLW 2785 (SC), number of dependents being five, 1/4th should have been deducted rather than 1/3rd for the self expenses of the deceased. The second argument is that deductions for CPF i.e. Rs.1677 and LIC premium of Rs.141 ought not to have been made towards monthly deductions while computing the compensation and if that is done, the monthly salary of the petitioner would have been taken as 12695 + 1677 + 141. 2. Learned counsel for the respondents though opposed the appeal, however, he could not dispute the factual contents of the aforesaid arguments and the ratio of judgment of Supreme Court in Sarla Verma, supra. 3. In view of above, this appeal deserves to be partly allowed and is accordingly allowed with direction that 1/4th deduction shall be made for the self expenses of the deceased rather than 1/3rd and the amount of Rs.1677 towards CPF and Rs.141 towards LIC premium shall be added to the monthly income of the deceased which is accepted at Rs.12,695/- by Tribunal. The amount under other non pecuniary heads is however maintained. The income thus comes out to Rs.10890 in round figure (Rs.12695 + 1677 + 141 = 14513 – 3628 (1/4th of 14513)). Now after applying the multiplier of 11, the amount of compensation comes to Rs.14,37,480 (10890x11x12). The amount under other non pecuniary heads being maintained is added thereto. Thus the total amount of compensation comes to Rs.14,72,500 in round figure (Rs.14,37,480 + Rs.35,000). Thus the award of compensation is enhanced from Rs.11,52,248 to Rs.14,72,500. The claimants shall also be entitled to interest @ 7.5% per annum on the enhanced amount of compensation from the date of filing of claim petition. 4. Compliance of the judgment be made within a period of three months from the date copy of this judgment is produced before the respondents.