Delhi High Court
Nafe Singh Khatri & Ors. vs Sukhdev Singh & Anr. on 13 July, 2009
Author: J.R. Midha
Bench: J.R. Midha
36
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO.No.151/2003
Date of Decision: 13th July, 2009
%
NAFE SINGH KHATRI & ORS. ..... Appellants
Through : Mr. A.S. Dateer, Adv.
versus
SUKHDEV SINGH & ANR. ..... Respondents
Through : Ms. Ritu Bhardwaj, Adv.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
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.1,60,704/- has been awarded to the appellants. The appellants seek enhancement of the award amount.
2. The accident dated 18th April, 1997 resulted in the death of Sanjay Khatri aged 22 years. The deceased was survived by his parents and a brother who filed the claim petition before the learned Tribunal.
3. In the claim petition, it was stated that the deceased was doing part time job with Prince Ceramic Décor and was FAO.No.151/2003 Page 1 of 4 earning Rs.3,500/- per month. The deceased was also simultaneously studying and was also serving in the factory of his brother, Gulab Singh. However, since there was insufficient evidence of income, the learned Tribunal took the minimum wages of Rs.2,232/- per month and considering the increase on account of inflation and price index, the loss of income was taken to be Rs.3,348/- per month. The loss of dependency of the parents was taken to be 1/3rd and the multiplier of 12 was applied to compute the loss of dependency at Rs.1,60,704/-. No amount has been awarded for loss of love and affection, loss of estate and funeral expenses.
4. The appellants have raised the following grounds at the hearing of this appeal:-
(i) The dependency of the appellant be taken to be 1/2 instead of 1/3rd of the income of the deceased.
(ii) The multiplier be enhanced from 12 to 13.
(iii) Compensation be awarded for loss of love and affection, loss of estate and funeral expenses.
5. With respect to the personal expenses of the deceased, it is well settled by the recent judgment of the Hon'ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation, 2009 (6) Scale 129 that the personal expenses of unmarried person has to be taken to be 50%. Accordingly, the dependency of the appellants is taken to be Rs.1,674/- (50% of Rs.3,348/-).
FAO.No.151/2003 Page 2 of 4
6. The learned Tribunal has applied the multiplier of 12 considering the age of the parents to be 46 and 48 years respectively. The appropriate multiplier according to the recent judgment of the Hon'ble Supreme Court in the case of Sarla Verma (supra) is 13. The multiplier is accordingly enhanced from 12 to 13.
7. The learned Tribunal has not awarded any compensation for loss of love and affection, loss of estate and funeral expenses. Rs.10,000/- is awarded to each of the two appellants towards the loss of love and affection. Rs.10,000/- is awarded towards loss of estate and Rs.5,000/- is awarded towards funeral expenses. The appellants are entitled to total compensation of Rs.2,96,144/- (Rs.1,674 X 12 X 13 + Rs.10,000 + Rs.10,000 + Rs.10,000 + Rs.5,000).
8. The appeal is allowed and the award amount is enhanced from Rs.1,60,704/- to Rs.2,96,144/- along with interest at the rate of 9% per annum from the date of filing of this petition till payment.
9. The enhanced amount along with up to date interest be deposited by respondent No.2 with the Registrar General of this Court within 30 days.
10. The appellants shall have equal share in the enhanced award amount.
11. The order with respect to the disbursement of the award amount shall be passed on 19th August, 2009. FAO.No.151/2003 Page 3 of 4
12. Copy of this order be given 'Dasti' to learned counsel for the parties under signatures of Court Master.
J.R. MIDHA, J JULY 13, 2009 mk FAO.No.151/2003 Page 4 of 4