JUDGMENT : G. P. MITTAL, J. 1. There is a delay of 483 days in filing the Appeal. 2. For the reasons stated in the application, the same is allowed. Delay of 483 days in filing the Appeal is condoned. 3. The application stands disposed of. MAC. APP. 698 of 2010 4. The Appellants seek enhancement of the compensation of Rs.10,81,423/-awarded for the death of Mr. Sanjay Kumar Jain who died in an accident which occurred on 28th April, 2006. The deceased was working with the Government of Uttar Pradesh. He was aged about 34 years at the time of accident 5. The Motor Accident Claims Tribunal (the Claims Tribunal) took the deceased’s income to be Rs.7379/-per month, deducted one-third towards the personal and living expenses and applied multiplier of 17 to compute the loss of dependency. The compensation awarded is extracted from para 19 of the impugned judgment as under:- 6. Learned counsel for the Appellants submits that the Claims Tribunal erred in not SI. No. Compensation under various heads Awarded by the Tribunal 1. Loss of Dependency Rs.10,03,544/- 2. Loss of Consortium Rs.10,000/- 3. Funeral Expenses Rs.4,000/- 4. Loss of Estate & Love & Affection Rs.12,500/- 5. Cost of Medicine Rs.51,379/- TOTAL Rs.10,81,423/- considering the future prospects; the number of dependents were four, the Claims Tribunal ought to have deducted one-fourth towards personal living expenses of the deceased instead of one-third in view of the judgment of Hon’ble Supreme Court in Sarla Verma & Ors. v. Delhi Transport Corporation & Another; 2009 (6) SCC 121. 7. On the other hand, learned counsel for the Respondent-Insurance Company submits that considering the age of the deceased to be 34 years the multiplier should have been 16 instead of 17. 8. The Supreme Court in the case of Sarla Verma (supra) laid down the following principles for grant of compensation in death cases:- “I. MULTIPLIER Age of the deceased (in years) Multiplier 15-20 18 21 -25 18 26-30 17 31 -35 16 36-40 15 41 -45 14 46-50 13 51 -55 11 56-60 09 61 -65 07 Above 65 05 II. DEDUCTION FOR PERSONAL AND LIVING EXPENSES Deceased – unmarried (i) Deduction towards personal expenses.1/2 (50%) (ii) Deduction where the family of the bachelor is large and dependent on the income of the deceased. : 1/3rd (33.33%) Deceased – married (I) 2 to 3 dependent family members.
DEDUCTION FOR PERSONAL AND LIVING EXPENSES Deceased – unmarried (i) Deduction towards personal expenses.1/2 (50%) (ii) Deduction where the family of the bachelor is large and dependent on the income of the deceased. : 1/3rd (33.33%) Deceased – married (I) 2 to 3 dependent family members. : 1/3rd (ii) 4 to 6 dependent family members : 1/4th (iii) More than 6 family members : 1/5th (iv) Subject to the evidence to the contrary. : Father, brother and sisters will not be considered as dependents. III. FUTURE PROSPECTS (i) Permanent job :Below 40 Actual salary – tax + 50%towards years of age future prospects. (ii) Permanent job : Between Actual salary – tax + 30%towards 40-50 years future prospects. (iii) More than 50 years Actual salary only. No addition for with permanent job. future prospects. (iv) Deceased employed at a fixed: Salary (without provision for Annual increments)” Only actual income to be taken. No addition. 9. Since the deceased was 34 years of age, 50% addition ought to have been made towards future prospects and the appropriate multiplier ought to be ‘16’ instead of 17. It is also apparent that since the number of dependents were 4, 1/4th ought to have been deducted towards the personal living expenses. 10. In view of the law laid down in Sarla Verma (Supra) the compensation is recomputed as under:- 11. The overall compensation is enhanced from Rs.10,81,423/-to Rs.16,84,243/- 12. The enhanced compensation shall carry interest @7.5% per annum. 10% each of the enhanced amount shall be payable to Appellants No. 2 and 3 and Sarla Jain (mother of the deceased who was Petitioner No.4 before the Claims Tribunal). Rest of the amount shall be payable to Appellant No.1. The amount awarded to Appellants No. 2 and 3 shall be held in a Fixed Deposit Receipt till they attain the age of 21 years in UCO Bank, Delhi High Court Branch. New Delhi. 13. 50% of the amount awarded to Appellant No.1 shall be held in a Fixed Deposit for a period of three years in UCO Bank, Delhi High Court Branch, New Delhi. Rest of the amount shall be released to the Appellants/Claimants. 14. The enhanced amount be deposited with the Registrar General of this Court within 30 days. 15. The Appeal is allowed in above terms. No costs. 1. SI. No. 2. 3. 4. 5.
Rest of the amount shall be released to the Appellants/Claimants. 14. The enhanced amount be deposited with the Registrar General of this Court within 30 days. 15. The Appeal is allowed in above terms. No costs. 1. SI. No. 2. 3. 4. 5. Loss of Consortium Funeral Expenses Loss of Estate & Love & Affection Cost of Medicines TOTAL Loss of Dependency(7379 + 50% X 3/4 X 12 X 16) Compensation under various Heads Rs.15,93,864/-Awarded by High Court Rs.10,000/-Rs.4,000/-Rs.25,000/-Rs.51,379/-Rs.16,84,243/-