Ram Chander &Ors v. Tirath Singh & Ors

JUDGMENT (Oral)

¶1The appellants have challenged the award of the learned Tribunal whereby compensation of Rs.4,29,760/- has been awarded to the appellants. The appellants seek enhancement of the award amount.

¶2The accident dated 23rd October, 1997 resulted in the death of Braham Prakash. The deceased was survived by his widow and parents who filed the claim petition before the learned Tribunal.

¶3The deceased was aged 26 years at the time of the accident and was working as a vegetable vendor earning Rs.3,000/- to Rs. 3,500/- per month. However, in the absence of any documentary

evidence in support of the income, the learned Tribunal took the minimum wages of Rs.1,860/- and after taking the future prospects into consideration, and applying the multiplier of 18, the loss of dependency was computed as Rs.4,01,760/-. Rs.5,000/- has been awarded towards loss of consortium, Rs.10,000/- towards loss of love and affection, Rs.10,000/- towards loss of expectancy of life and Rs.3,000/- towards funeral expenses. The total compensation awarded is Rs.4,29,760/-.

¶4The learned counsel for the appellants submit that the widow of the deceased remarried after the accident and has left the appellants who are the parents of the deceased and were solely dependent upon the deceased. The appellants are poor persons working as labourers. The widow of the deceased has not challenged the award before this Court. The appellants have challenged the award on the ground that no compensation has been awarded towards the loss of estate. The appellants further submit that the compensation for loss of love and affection is inadequate and should be enhanced.

¶5In the peculiar facts and circumstances of this case and considering the condition of the appellants who are present in the Court, Rs.10,000/- is awarded towards loss of estate and the compensation for loss of love and affection is enhanced from Rs.10,000/- to Rs.25,000/-.

¶6The appeal is allowed and the award amount is enhanced from Rs.4,29,760/- to Rs.4,54,760/- ( Rs.4,01,760 + Rs.5,000 + Rs.10,000 + Rs.25,000 + Rs.3,000 + Rs.10,000). The learned

Tribunal has awarded interest @9% per annum which is not disturbed on the original award amount. However, on the enhanced award amount, rate of interest shall be 7.5% per annum.

¶7Respondent No.2 is directed to deposit the enhanced award amount along with interest with UCO Bank A/c Kamla Devi within 30 days.

¶8Upon the said amount being deposited, UCO Bank is directed to release 50% of the same to the appellants by transferring the same to their joint Saving Bank Account. The remaining 50% amount be kept in fixed deposit for a period of one year.

¶9Copy of this order be given 'Dasti' to learned counsel for the parties under the signature of Court Master.

J.R. MIDHA, J

OCTOBER 27, 2009

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + % Date of decision: 27th October, 2009 RAM CHANDER &ORS. ..... Appellants Through : Mr. Akshai Malik, Adv. versus TIRATH SINGH & ORS. ..... Respondents Through : Mr. Manoj Ranjan Sinha, Adv. for R-2. CORAM :- THE HON'BLE MR. JUSTICE J.R. MIDHA 1. Whether Reporters of Local papers may be allowed to see the Judgment? 2. To be referred to the Reporter or not? 3. Whether the judgment should be reported in the Digest?