Krishna Devi & Ors. v. Abrar Ahmad & 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 award of the learned Tribunal whereby compensation of Rs.11,00,900/has been awarded to the appellants. The appellants seek enhancement of the award amount.

2. The accident dated 4th July, 2003 resulted in the death of Ami Lal. 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 46 years at the time of the accident and was working as ASI with Delhi Police 2010:DHC:477 earning Rs.10,105/- per month. The learned Tribunal deducted 1/3rd towards personal expenses of the deceased and applied the multiplier of 13 to compute the loss of dependency at Rs.10,50,816/-. Rs.10,000/- has been awarded towards funeral expenses and Rs.40,000/- towards loss of love and affection and loss of consortium. The total compensation awarded is Rs.11,00,816/-, rounded off to Rs.11,00,900/-.

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

(i) The future prospects of the deceased be taken into consideration.

(ii) The personal expenses of the deceased be reduced from 1/3rd to 1/4th.

(iii) The compensation be awarded for loss of estate.

5. Following the judgment of the Hon’ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation, 2009 (6) Scale 129, 30% of the salary of the deceased is added towards the future prospects and the personal expenses of the deceased are reduced from 1/3rd to 1/4th. Rs.10,000/- is awarded towards loss of estate.

6. Taking the income of the deceased to be Rs.10,105/-, adding 30% towards future prospects, deducting 1/4th towards personal expenses, applying the multiplier of 13, adding Rs.10,000/- towards funeral expenses, Rs.40,000/towards loss of love and affection and loss of consortium and Rs.10,000/- towards loss of estate, the total compensation is computed to be Rs.15,96,970/- {[(Rs.10,105 + 30% of Rs.10,105) x 12 x 3/4 x 13] + Rs.10,000 + Rs.40,000 + Rs.10,000}.

7. The appeal is allowed and the award amount is enhanced from Rs.11,00,900/- to Rs.15,96,970/- along with interest @7.5% per annum from the date of filing of the petition till realization.

8. The enhanced award amount along with interest be deposited by respondent No.3 with UCO Bank, Delhi High Court Branch A/c Krishna Devi 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.

9. List for passing order of disbursement on 10th February,