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MAC.APP. 637/2007
Date of Decision: 26th May, 2009 B.S.AUJLA & ANR ..... Appellants
Through : Mr. Ajit Warrier and Mr. Varun Shankar, Advs.
Through : Ms. Manjusha Wadhwa and Ms. Gagan Deep Kaur, Advs.
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.3,90,000/- has been awarded to the appellants. The appellants seek enhancement of the award amount.
2. The accident dated 12th October, 2003 resulted in the death of Daljeet Singh Aujla. The deceased was aged 24 years at the time of the accident and was survived by his parents aged 52 years and 57 years at the time of the 2009:DHC:2320 accident.
3. The learned Tribunal applied the multiplier of 6 to compute the loss of dependency of the deceased.
4. The appellant has urged the following three grounds at the time of hearing of this appeal:-
(i) The multiplier be enhanced from 6 to 11 considering the age of the mother of the deceased.
(ii) The compensation be awarded for loss of estate.
(iii) The interest be enhanced from 6% to 9% per annum.
5. The multiplier according to the age of the mother of the deceased is 11 as per the recent judgment of the Hon’ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation, 2009 (6) Scale 129 decided on 15th April, 2009. The multiplier is, therefore, enhanced from 6 to 11.
6. The learned Tribunal has not awarded any compensation for loss of estate. Rs.10,000/- is awarded for loss of estate.
7. The learned Tribunal has awarded interest @ 6% per annum. Following the judgment of the Hon’ble Supreme Court in the case of Dharampal vs. U.P. State Road Transport Corporation, III 2008 ACC (1) SC, the rate of interest is enhanced from 6% to 7.5% per annum.
8. The appellants are entitled to total compensation of Rs.7,00,000/- (Rs.5,000 x 12 x 11 + Rs.5,000 + Rs.25,000 + Rs.10,000).
9. The appeal is allowed. The award amount is enhanced from Rs.3,90,000/- to Rs.7,00,000/- along with interest @7.5% per annum.
10. The enhanced amount along with interest be deposited by respondent No.3 with the learned Tribunal within a period of 30 days.
11. Upon deposit being made, the learned Tribunal is directed to release a sum of Rs.50,000/- to each of the appellants and the remaining amount be kept in fixed deposit for a period of five years on which periodical interest be paid to the appellants but no loan, advance or withdrawal be permitted without the prior permission of the learned Tribunal. J.R. MIDHA, J MAY 26, 2009 aj