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2012 DIGILAW 1406 (DEL)

SUNIL v. GOPAL

2012-04-19

G.P.MITTAL

body2012
JUDGMENT : G.P. Mittal, J. The Appeal is for enhancement of compensation of Rs. 5,45,400/- awarded for the death of Satbir Singh who was aged a little less than 45 years on the date of the accident which occurred on 22.02.1997. The deceased was working as a Constable in Delhi Police and was getting a salary of Rs. 5052/- per month on the date of the accident. Evidence was led to show that if he would have been alive in April, 2000, his salary would have been Rs. 8583/-. The Claims Tribunal added both the incomes to take an average income of Rs. 6817/-, deducted 1/3rd towards the personal and living expenses and adopted the multiplier of 10 to compute the loss of dependency as Rs. 5,45,400/-. 2. The following contentions are raised on behalf of the Appellants : (i) Since the number of the dependents on the deceased were four, deduction towards personal and living expenses should have been 1/4th instead of 1/3rd. (ii) The multiplier of 10 adopted by the Claims Tribunal was less, as per Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, (2009) 6 SCC 121 ; it should have been 14. (iii) No compensation under conventional heads of loss of love and affection, loss to estate and funeral expenses was awarded. 3. On the other hand, it is urged by the learned counsel for the Respondent Insurance Company that the compensation awarded is just and reasonable and does not call for any interference. 4. While considering the future prospects, the Claims Tribunal took into account the projected salary of the deceased in the year 2000. Since the deceased was aged about 45 years, the Appellants were entitled to an addition of 30% in the actual income of the deceased towards future prospects on the date of the accident. Similarly, the Claims Tribunal also erred in adopting the multiplier of 10. It should have been 14 as per Sarla Verma (supra). Thus, the loss of dependency comes to Rs. 8,27,517/- (Rs. 5052 + 30% X 3/4 X 12 X 14). 5. The compensation is reassessed as under : Sl. No. Compensation under various heads Awarded by the Claims Tribunal Awarded by this Court 1. Loss of Dependency Rs. 5,45,400/- Rs. 8,27,517/- 2. Loss of Love & Affection - Rs. 25,000/- 3. Loss to Estate - Rs. 10,000/- 4. Funeral Expenses - Rs. 5. The compensation is reassessed as under : Sl. No. Compensation under various heads Awarded by the Claims Tribunal Awarded by this Court 1. Loss of Dependency Rs. 5,45,400/- Rs. 8,27,517/- 2. Loss of Love & Affection - Rs. 25,000/- 3. Loss to Estate - Rs. 10,000/- 4. Funeral Expenses - Rs. 10,000/- Total Rs. 5,45,400/- Rs. 8,72,517/- 6. The overall compensation is thus enhanced from Rs. 5,45,400/- to Rs. 8,72,517/-. 7. The enhanced compensation of Rs. 3,27,117/- shall carry interest @ 9% per annum from the date of filing of the Petition till the date of the award i.e. 06.06.2003 and @ 7.5% per annum from 07.06.2003 till the date of deposit with the Registrar General of this Court. The Respondent No.3 National Insurance Co. Ltd. is directed to deposit the compensation along with interest within eight weeks. The Appeal is allowed in above terms.