$~9 * % + MAC.APP. 1035/2013 SMT. MONA & ORS. Versus SHRI SHAMBHU RAM & ORS. Through: Mr. Vijay Kumar Wadhwa, Advocate ........ Petitioner
Through: Mr. Lalit Kr. Dhingra, Advocate for Oriental Insurance Co. Ltd. ..... Respondent IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:
25. h October, 2016 CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) C.M. Appl. 17961/2013 The delay in filing the appeal is condoned. Application is disposed of. MAC.APP. 1035/2013 1. The appellant has challenged the award of the Claims Tribunal, whereby compensation of Rs.7,93,240/- has been awarded to the appellants. The appellants seek enhancement of the award amount. The accident dated 04th May, 2008 resulted in the death of 2. Mukesh Kumar. The deceased was survived by his widow, two sons and one daughter who filed the claim petition before the Claims Tribunal. The deceased was aged 44 years at the time of the accident and was running a general store in the name of M/s Mukesh Store. The income of the deceased as per the Income Tax Return for the assessment year 2007-08 (Ex.PW-1/5) was Rs.99,794/- per annum. MAC. APP. 1035/2013 Page 1 of 4 The Claims Tribunal took the income of the deceased according 3. to the aforesaid Income Tax Returns as Rs.99,794/- per annum. The Claims Tribunal applied the unit method to compute the loss of dependency at Rs.7,23,240/-. The Claims Tribunal awarded Rs.10,000/- towards loss of love and affection, Rs.50,000/- towards loss of consortium, Rs.5,000/- towards loss of estate and Rs.5,000/- towards funeral expenses. The total compensation awarded is Rs.7,93,240/- along with interest @ 7.5 % per annum.
4. at the time of hearing of the appeal: (i) Learned counsel for the appellants urged the following grounds The future prospects of 30% be added to compute the loss of dependency. The compensation be awarded according to the multiplier method instead of the unit method. (ii) (iii) The medical expenditure of Rs.20,000/- be awarded. (iv) The compensation for loss of love and affection, loss of consortium and funeral expenses be enhanced. The rate of interest be enhanced from 7.5% to 9%. (v) 5. This Court is of the view that there is merit in the contentions urged by learned counsel for the appellants. The appellants have duly proved before the Claim Tribunal that the deceased was self-employed and was earning Rs.99,794/- per annum as per the Income Tax Returns for the assessment year 2007-08 (Ex.PW-1/5). The deceased was aged 44 years at the time of the accident and, therefore, 30% is added towards his future prospects and the income of the deceased for computation of compensation is taken as Rs.1,29,733/- per annum MAC. APP. 1035/2013 Page 2 of 4 legal representatives and, therefore, one-fourth amount (Rs.99,794/- + 30% of Rs.99,794/-). The deceased has left behind four is deducted towards his personal expenses. Taking the income of the deceased as Rs.99,794/- per annum, adding 30% towards future prospects, deducting one-fourth towards his personal expenses and applying the multiplier of 14, the loss of dependency is computed at Rs.13,62,197/-.
6. The compensation awarded by the Claims Tribunal under the heads of loss of love and affection, loss of estate and funeral expenses are on a lower side and it warrants enhancement. The compensation awarded for loss of love and affection is enhanced from Rs.10,000/- to Rs.50,000/- and the loss of estate is enhanced from Rs.5,000/- to Rs.25,000/-. The funeral expenses are enhanced from Rs.5,000/- to Rs.25,000/-. The Claims Tribunal has awarded Rs.3,000/- towards medical expenses which is upheld. The claimants are entitled to a total compensation of Rs.15,15,197/-. The Claims Tribunal has awarded interest @ 7.5% per annum which is on a lower side and is enhanced to 9%.
7. The appeal is allowed and the award amount is enhanced from Rs.7,93,240/- to Rs.15,15,197/- along with interest @ 9% per annum from the date of filing of the claim petition i.e. 12th August, 2007. Respondent No.3 is directed to deposit the enhanced award 8. amount with UCO Bank, Delhi High Court Branch by means of a cheque drawn in the name of UCO Bank A/c Mona within four weeks.
9. Upon the aforesaid deposit being made, UCO Bank shall keep the said amount in fixed deposit in its own name till further order by MAC. APP. 1035/2013 Page 3 of 4 this Court so that the amount starts earning interest from the date of the clearance of the cheque. The respondent No.3 shall file the affidavit of compliance of 10. this order within one week of the deposit. The affidavit shall contain the computation of the interest on the award amount upto the date of deposit. The respondent No.3 shall send the copy of the affidavit to the appellants.
11. hearing along with particulars of their accounts near the place of their residence.
12. matter on 19th December, 2016.
13. Copy of this judgement be given dasti to counsels for the parties under signatures of the Court Master. The claimants shall remain present in Court on the next date of individual savings bank List for disbursement of the enhanced amount as part heard OCTOBER25 2016 rsk J.R. MIDHA, J.
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