Full Text
MAC.APP.619/2008
Date of Decision: 13th August, 2009 SHARMILA & ORS. ..... Appellants
Through : Mr. Manish Mannie, Adv.
Through : Mr. Ram Ashray, Adv. for R-2.
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.12,62,800/- has been awarded to the appellants. The appellants seek enhancement of the award amount.
2. The accident dated 9th June, 2006 resulted in the death of Ashok Kumar Dagar. The deceased was aged 36 years at the time of the accident and was working as clerk with Central Jail, Ambala earning Rs.7,100/- per month. The learned Tribunal added 50% income towards the future prospects, deducted 1/3rd towards the personal expenses and applied the multiplier of 14 to 2009:DHC:3263 has been awarded towards funeral expenses, Rs.30,000/- towards loss of consortium and Rs.30,000/- towards loss of love and affection. The total compensation awarded is Rs.12,62,800/-.
3. The learned counsel for the appellant has urged two grounds at the time of hearing of this appeal. The first ground of challenge is that the personal expenses of the deceased be reduced from 1/3rd to 1/4th as the deceased left behind four dependents. The second ground of challenge is that the multiplier be enhanced from 14 to 15 considering the age of the deceased.
4. The Hon’ble Supreme Court in the recent judgment of Sarla Verma Vs. Delhi Transport Corporation, 2009 (6) Scale 129 has held that the appropriate multiplier at the age of 36 is 15 and the personal expenses of the deceased should be taken to be 1/4th where the deceased has left behind 4 to 6 dependents. Following the aforesaid judgment of the Hon’ble Supreme Court, the personal expenses of the deceased are reduced from 1/3rd to 1/4th and the multiplier is enhanced from 14 to 15. Applying the multiplier of 15 and taking the personal expenses of the deceased to be 1/4th, the loss of dependency is computed to be Rs.14,37,750/- (Rs.10,650 x 3/4 x 12 x 15). The appellants are entitled to the total compensation of Rs.15,07,750/- (Rs.14,37,750 + Rs.30,000 + Rs.30,000 + Rs.10,000).
5. The appeal is allowed and the award amount is enhanced from Rs.12,62,800/- to Rs.15,07,750/- along with interest @7% per annum from the date of filing of the petition till payment.
6. The enhanced amount along with interest be deposited by respondent No.2 with the Registrar General of this Court within 30 days.
7. The order with respect to the disbursement of the award amount shall be passed on 5th October, 2009 after hearing appellant No.1. The appellant No.1 is directed to remain present in the Court on the next date of hearing.
8. Copy of this order be given ‘Dasti’ to learned counsel for the parties under the signature of Court Master. J.R. MIDHA, J AUGUST 13, 2009 aj