Roshni Devi & Ors. v. Raghbir Singh & Ors.

1. Whether Reporters of Local papers may YES be allowed to see the Judgment?

2. To be referred to the Reporter or not? YES

3. Whether the judgment should be YES reported in the Digest? JUDGMENT (Oral)

1. The appellants have challenged the awards of the Claims Tribunal whereby compensation of Rs.1,37,400/- has been awarded to them. The appellants seek enhancement of the award amount.

2. The accident dated 21st December, 1981 resulted in the death of Om Prakash. The deceased was survived by his widow, two sons and parents who filed the claim petition before the Claims Tribunal.

3. The deceased was working as a driver earning Rs.800/per month. The Claims Tribunal deducted 1/4th towards personal expenses of the deceased and applied the multiplier 2010:DHC:1950 of 17 to compute the loss of dependency at Rs.1,22,400/-. Rs.15,000/- has been awarded towards loss of love and affection and funeral expenses. The total compensation awarded is Rs.1,37,400/-.

4. The learned counsel for the appellant has urged the following grounds at the time of hearing of hearing of this appeal:-

(i) The future prospects be taken into consideration by adding 50% of the salary of the deceased.

(ii) The compensation be awarded for loss of consortium and loss of estate.

5. In Sarla Verma Vs. Delhi Transport Corporation, 2009 (6) Scale 129, the Hon’ble Supreme Court has held that the future prospects in respect of the deceased aged less than 40 years having permanent employment should be taken as 50% of the last drawn salary of the deceased. Following the aforesaid judgment, the income of the deceased for computation of compensation is taken to be Rs.1,200/- (Rs.800 + 50% of Rs.800).

6. The Claims Tribunal has not awarded any compensation for loss of consortium and loss of estate. Rs.10,000/- is awarded towards loss of consortium and Rs.10,000/- is awarded towards loss of estate.

7. Taking the income of the deceased as Rs.1,200/- per month, deducting 1/4th towards personal expenses of the deceased, applying the multiplier of 17, adding Rs.15,000/towards loss of love and affection and funeral expenses, Rs.10,000/- towards loss of consortium and Rs.10,000/towards loss of estate, the total compensation is computed to be Rs.2,18,600/- (Rs.1,200 x 12 x 3/4 x 17) + Rs.15,000 + Rs.10,000 + Rs.10,000].

8. The appeal is allowed with costs. The award amount is enhanced from Rs.1,37,400/- to Rs.2,18,600/-. The Claims Tribunal has awarded interest @9% per annum from the date of filing of the claim petition till realization except the period of 1st September, 1987 to 9th January, 1991 and 22nd July, 1999 to 31st January, 2002 which is not disturbed on the original award amount of Rs.1,37,400/-. However, on the enhanced award amount, the appellant shall be entitled to the interest for the aforesaid period @7.5% per annum. The cost of the appeal is assessed at Rs.11,000/-.

9. The appellants No.4 and 5 have expired during the pendency of this appeal and their rights have devolved upon appellants No.1 to 3 who are already on record. The appellants No.1 to 3 are substituted in place of appellants No.4 and 5. The shares of appellants No.1 to 3 in the award amount shall be as under:- Appellant No.1 - 50% Appellant No.2 - 25% Appellant No.3 - 25%

10. The enhanced award amount along with interest thereon be deposited by respondent No.3 with UCO Bank A/c Roshni Devi, Delhi High Court Branch through Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400) within 30 days. The cost of Rs.11,000/- of this appeal be deposited by respondent No.3 by means of separate cheque in the name of Pankaj Seth, Advocate along with the deposit of the enhanced award amount. In view of the judgment of this Court in Sat Prakash vs. Jagdish, FAO.No.365/1999 decided on 26th March, 2010, the legal fee of the counsel for respondent No.3 be also deposited with UCO Bank by means of a separate cheque in the name of Mr. Ram Ashray, Advocate.