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HIGH COURT OF DELHI
Date of Decision: 20th January, 2025
NANDAN MUKHERJEE
S/o Shri D.C. Mukherjee, R/o 105-A, LIG DDA Flats, Motia Khan, Paharganj, Delhi-110005 .....Appellant
Through: Mr. Animesh Kumar, Advocate through VC.
JUDGMENT
1. MOHD RAFIQ S/o Shri Kalwa Qureshi, R/o Village Athseni, PS & Tehsil Garh Mukhteswar, District Ghaziabad, Uttar Pradesh.....Respondent No. 1
2. JAI PRAKASH S/o Shri Ram Kishan, R/o A-9, Kewal Park Extension, Panchvati, Delhi.....Respondent No. 2
3. RELIANCE GENERAL INDIA INSURANCE CO. LTD. A-12, Mohan Cooperative Industrial Estate, Mathura Road, New Delhi110044, Through Mr. Sahil Gupta, Sr. Manager – Legal Claims.....Respondent No. 3/Revisionist Through: Mr. Rajeev M. Roy, Advocate for R-3/Insurance Company through VC. CORAM: HON'BLE MS.
JUSTICE NEENA BANSAL KRISHNA JUDGMENT (oral) REVIEW PET. 30/2025
1. The present Review Petition under Section 114 read with Order XLVII and Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of the Respondent No. 3/Insurance Company seeking correction of the error in Paragraph-24 of the Judgment dated 05.12.2024, wherein the Multiplier of 16 has been taken even though the deceased was 39 years and 11 months old at the time of accident i.e., 15.07.2011 and the correct Multiplier should have been 15.
2. Issue Notice.
3. Learned counsel appearing for the Non-Revisionist/Appellant appearing on advance Notice, accepts Notice and submits that the Multiplier of 16 has been rightly applied and the present Review Petition is liable to be dismissed.
4. Submissions heard and record perused.
5. The assessment of Multiplier has been considered in Paragraph-24 of the Impugned Order dated 05.12.2022. It was held as under:- “(ii) Multiplier and Age: -
24. The Learned Tribunal has assessed the Age of the injured/Appellant as 40 years on the basis of his date of Birth mentioned in his PAN Card i.e. 14.08.1971 and thus, applied the Multiplier of 15.
25. However, since he was about 39 years and 11 months on the date of the accident. ie. 15.07. 2011, the correct multiplier of 16 would be applicable in light of the judgment of Sarla Verma v. DTC, (2009) 6 SCC 121.”
6. The ground on which the present Review has been sought is that the Multiplier of 16 has been taken even though the deceased was 39 years and 11 months old at the time of accident i.e., 15.07.2011 and the correct Multiplier should have been 15.
7. There is a typographical error in mentioning the applicable Multiplier. As per Sarla Verma vs. DTC, (2009) 6 SCC 121, a Multiplier of 15 is applicable for the age group of 36-40 years. Thus, it is directed that the amount for total compensation be calculated on the basis of Multiplier of ‘15’ as under: - Rs. 2,32,750/- p.a. X 140/100 X 35/100 X 15 = Rs. 17,10,712.5/-
8. The total compensation is thus modified accordingly as under:
1. Total Loss of Income Rs. 1,03,195/- Rs. 1,16,375/-
2. Medical Expenses Rs. 39,100/- (same) Rs. 39,100/- (same)
3. Future Medical Expenses (Cost of Artificial Limb and Maintenance) Rs. 3,32,500/- Rs. 11,00,000/-
4. Loss of Future Earning Capacity Rs. 10,82,500/- Rs. 17,10,712.5/-
5. Special Diet and Conveyance Charges Rs. 18,000/- Rs. 30,000/-
6. Pain and Suffering Rs. 1,00,000/- Rs. 2,00,000/-
7. Loss of Amenities Rs. 1,00,000/- Rs. 2,00,000/-
8. Loss of Enjoyment of life Rs. 1,00,000/- Rs. 1,00,000/- (same)
9. Disfigurement Nil Rs. 1,00,000/-
10. Loss of Marriage Prospects Nil Nil
11. Attendant Charges Nil Rs. 1,00,000/-
12. Interest 9% 9% (same)
9. The modified awarded amount in the sum of Rs. 37,00,000/- along with interest @ 9% per annum be deposited within three weeks.
10. With aforesaid modification of the Judgment dated 05.12.2024, the present Review Petition is accordingly disposed of along with pending Application.
JUDGE JANUARY 20, 2025 S.Sharma