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2016 DIGILAW 503 (JK)

Roop Lal & Ors. v. Union of India & Ors.

2016-10-05

RAMALINGAM SUDHAKAR

body2016
JUDGMENT 1. This appeal is of the year 2008 and the same is filed by the claimants seeking enhancement of compensation. 2. The fatal accident in this case happened on 03.03.2004. The deceased Chander Bhan - aged 18 years was a labourer. He was walking on the road side at Lamberi and was hit by the army vehicle driven in a rash and negligent manner and in that accident, he died. The father – aged 45 years, mother aged 40 years and unmarried sister aged 14 years are the claimants. 3. In support of the claim, the father was examined as witness and one other person namely PW Mohd. Bashir was also examined as eye witness. One Mohinder Pal, who was a co-labouruer, was also examined as witness to speak about the nature of job and income of the deceased. 4. The Tribunal after discussing the case in hand, fixed the income of deceased at Rs. 3,000/- and after deducting 2/3rd towards personal expenses of the deceased bachelor, fixed the sum of Rs. 1,000/- per month as pecuniary loss to the dependents. Therefore, the annual dependency of the claimants was assessed at Rs. 1000 x 12 = Rs. 12,000/-. The Tribunal by adopting multiplier of ‘13’, granted the following amount of compensation: (1) Loss of dependencyRs. 1,56,000/- (2) Funeral ExpensesRs. 2,000/- TotalRs. 1,58,000/- 5. In appeal, it is pleaded that the income fixed by the Tribunal is erroneous as future prospects have not been taken. The deduction of 2/3rd for personal expenses is erroneous in terms of judgment of the Hon’ble Supreme Court in case titled Sarla Verma and ors. v. Delhi Transport Corporation and anr. reported as (2009) 6 SCC 121 and the multiplier adopted also is not correct. 6. In view of the latest judgment of the Supreme Court in case titled “Munna Lal Jain and anr. v. Vipin Kumar Sharma and ors.” decided on 15.05.2015 reported in 2015 ACJ 1985 , the multiplier will be on the age of the deceased bachelor. Accordingly, the income of the deceased should be Rs. 3,000 + Rs. 15,00 (50% for future prospects) = Rs. 4,500/-. Taking note of the future prospects of which 1/half is to be deducted for personal expenses of the deceased and the pecuniary benefits to the dependents will be Rs. 2250/- per month. The annual dependency will be Rs. 2250 x 12 = Rs. 27,000/-. 3,000 + Rs. 15,00 (50% for future prospects) = Rs. 4,500/-. Taking note of the future prospects of which 1/half is to be deducted for personal expenses of the deceased and the pecuniary benefits to the dependents will be Rs. 2250/- per month. The annual dependency will be Rs. 2250 x 12 = Rs. 27,000/-. Taking note of the fact that the deceased was 18 years old, by adopting the multiplier of ‘18’, the total pecuniary loss will be Rs. 4,86,000/-. No amount has been granted for loss of love and affection. Rs. 25,000/- each is granted for loss of love and affection to the father and mother and Rs. 25,000/- to the unmarried sister. No amount is granted for loss to the estate. The claimants will be entitled to Rs. 10000/- for loss to the estate. Meager amount has been granted for funeral expenses. The claimants will be entitled to Rs. 5,000/- for funeral expenses. 7. The award of the Tribunal is thus modified and the claimants are entitled to the following enhanced compensation, with interest at the rate of 7.5% per annum from the date of filing of claim petition before the Tribunal-- S. No.HeadingAward of the TribunalModified Award 1.For pecuniary lossRs. 1,56,000/-Rs. 4,86,000/- 2.For funeral expensesRs. 2,000/-Rs. 5,000 3.For loss of love and affection to father and motherNilRs. 25,000/- each (totaling Rs. 50,000/-) 4.For loss of love and affection to unmarried sisterNilRs. 25000/- 5.For loss to the estateNilRs. 10,000/- TotalRs. 1,58,000/-Rs. 5,76,000/- This appeal is allowed in the above terms enhancing the award of the Tribunal.