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MAC.APP.No. 499/2007
Date of Decision: 4th February, 2010, UNITED INDIA INSURANCE CO.LTD. ..... Appellant
Through Mr. A.K. De, Advocate.
Through Mr. Rakesh Kumar Dudeja, Advocate.
MAC.APP.No. 14/2008 URMILA SHARMA & ORS ..... Appellants
Through Mr. Rakesh Kumar Dudeja, Advocate.
Through Mr. A.K. De, Advocate.
JUDGMENT
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 award of the learned Tribunal whereby compensation of Rs.7,44,280/- has been awarded to the claimants. The appellant, in appeal No.499/2007, seeks reduction of the award amount whereas 2010:DHC:670 the appellants, in appeal No.14/2008, are seeking enhancement of the award amount.
2. The accident dated 1st June, 2005 resulted in the death of Sushil Kumar Sharma. The deceased was survived by his widow and three sons, who filed the claim petition before the learned Tribunal.
3. The deceased was aged about 45 years at the time of the accident and was working as beldar with Department of Flood Control, Govt. of NCT of Delhi, drawing a salary of Rs.7,538/-per month. The learned Tribunal added 50% towards the future prospects, added 1/3rd towards the personal expenses and applied the multiplier of 15 to compute the loss of dependency at Rs.6,74,280/-. The learned Tribunal deducted 50% towards contributory negligence of the deceased. Rs.50,000/- was awarded towards the medical expenses, Rs.5,000/- towards loss of consortium, Rs.5,000 towards loss of estate and Rs.5,000/towards transportation charges. The learned Tribunal has awarded total compensation of Rs.7,44,280/- to the appellants.
4. The learned counsel for the appellant in MAC 499/2007 has urged the following grounds at the time of hearing of this appeal:-
(i) The GPF of Rs.1,000/- be deducted from the salary of the deceased for computing the compensation.
(ii) The multiplier be reduced from 15 to 13.
(ii) The medical expenses of Rs.50,000/- should be set aside.
5. The learned counsel for the appellants in MAC.APP.No.14/2008 has urged the following grounds at the time of hearing of this appeal:-
(i) The finding of contributory negligence be set aside.
(ii) The personal expenses be reduced from 1/3rd to
(iii) The compensation be awarded for loss of love and affection.
(iv) The compensation for loss of estate be enhanced.
6. On 1st June, 2005, the deceased was returning from Ghaziabad to his residence at Delhi. The deceased was pillion rider on motor cycle No.DL-7S-AF-0316, driven by Vinay Sharma. Near Hindon Airport, the aforesaid motor cycle was hit by another motor cycle No.UP15-N-9922 coming from the opposite direction. Vinay Sharma appeared in the witness box and deposed that the accident occurred due to the rash and negligent driving of the motor cycle No.UP15-N-9922 coming from the opposite direction. PW-3 proved the FIR Ex.PW-3/2 which was registered against the driver of motor cycle No.UP15-N-9922. The site plan of the accident was prepared by the police and the certified copy thereof was proved as Ex.PW-3/5. The site plan prepared by the police clearly shows that the motor cycle of the deceased was on the extreme left side of the road and the motor cycle No.UP15-N-9922 came from the opposite direction on the wrong side and hit the motor cycle of the deceased. The rashness and negligence of the driver of motor cycle No.UP15-N-9922 is clearly proved by the statement of PW-3, FIR Ex.PW-3/2 and site plan prepared by the police. However, the learned Tribunal did not consider the aforesaid evidence on record and presumed the contributory negligence without any basis. Even otherwise there could not be any contributory negligence of the deceased who was sitting on the pillion. For all the aforesaid reasons, the finding of the contributory negligence of the deceased by the claims Tribunal is set aside. It is held that the accident occurred due to rash and negligent driving of motor cycle No.UP15-N-9922.
7. The deceased was aged 45 years and four months at the time of the accident and was working as beldar drawing a salary of Rs.7,538/-. The learned Tribunal deducted Rs.30/towards DGHS, Rs.15/- towards CGEIS and took the net salary of the deceased as Rs.7,493/-. The learned counsel for the appellant submits that Rs.1,000/- towards the GPF should also be deducted from the salary of the deceased. There is no infirmity in the finding of the learned Claims Tribunal. The finding of the learned Tribunal in this regard is upheld.
8. The learned Tribunal has applied the multiplier of 15. The appropriate multiplier at the age of 45 years and four months is 13 according to the judgment of the Hon’ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation, 2009 (6) Scale 129. The deceased has leaving behind four legal representatives and the appropriate deduction as per the judgment of Sarla Verma (supra) is 1/4th. Following the judgment of the Hon’ble Supreme Court, the multiplier is reduced from 15 to 13 and the personal expenses of the deceased are reduced from 1/3rd to 1/4th.
9. The learned Tribunal has not awarded any compensation for loss of love and affection. Rs. 5,000/- has been awarded for loss of consortium and Rs.5,000/- towards loss of estate. The compensation for loss of consortium is enhanced from Rs.5,000/- to Rs.10,000/- and loss of estate is enhanced from Rs.5,000/- to Rs.10,000/-. Rs. 10,000/- is awarded towards loss of love and affection. The learned Tribunal has awarded Rs.50,000/- towards medical expenses. There is no proof of medical expenses. However, the deceased remained in hospital only from 1.06.2005 to 4.06.2005. In these circumstances, medical expenses are reduced from Rs.50,000/- to Rs.5,000/-. The appellants are entitled to total compensation of Rs.13,59,846/- [(Rs.11,238 x 3/4 x 12 x 13) + Rs.10,000 + Rs.10,000 + Rs.10,000 + Rs.5,000 + Rs.5,000 + Rs.5,000].
10. The MAC.APP.No.499/2007 and MAC.APP.No.14/2008 are partly allowed and the award amount is enhanced from Rs.7,44,280/- to Rs.13,59,846/-.
11. The enhanced award amount along with interest be deposited by United India Insurance Company with UCO Bank A/c Urmil Sharma, Delhi High Court Branch by means of a cheque through Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile NO. 09310356400) within 30 days.
12. The order with respect to the disbursement of the award amount shall be passed after examining the appellants who are directed to remain present in Court on the next date of hearing.
13. List the appeal on21st April, 2010 for compliance.
14. Copy of this order be given ‘Dasti’ to learned counsel for both the parties under signature of Court Master. J.R. MIDHA, J FEBRUARY 04, 2010 HL