Amarjit Singh and Another vs Manjit Singh and Others

Rajan Gupta J.

C.M. No. 5466-CII of 2011

This is an application for condonation of 168 days delay in filing the appeal. Prayer has been opposed by learned counsel for the respondents.

For the reasons stated in the application, same is allowed. Delay of 168 days in filing the appeal is condoned.

FAO No. 1774 of 2011

Claimants who are parents of the deceased have impugned the award passed by the tribunal seeking enhancement of compensation.

Learned counsel appearing for the appellants submits that multiplier of 4 has been erroneously applied by the tribunal. According to her, no discrimination can been made on the basis of gender. In view of law laid down in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, multiplier of 13 would be the appropriate multiplier.

Learned counsel appearing for the insurance company though submits that adequate compensation has been granted. He does not dispute the averment in view of ratio laid down in Sarla Verma case supra that age of mother of the deceased ought to be taken into consideration and accordingly a multiplier of 13 would be applicable in the instant case. He further contends that after assessing the income as Rs. 3,000/-, 50% is to be deducted from the same in lieu of personal expenses incurred by the deceased.

I have heard learned counsel for the parties. It appears that an accident took place on 10.01.2007 wherein deceased Balbir Kaur died. A claim petition was preferred by her parents (appellants herein) seeking compensation. Tribunal came to the conclusion that Balbir Kaur died due to rash and negligent driving by driver of the offending vehicle. While computing compensation it assessed notional income of the deceased as Rs. 3,000/- and applied a multiplier of 4. In view of stand taken before this court that ratio of judgment in Sarla Verma case supra would be applicable, I am of the considered view that appropriate multiplier would be 13 in the instant case. After deducting 50% of the income assessed towards personal expenses, learned counsel agree that compensation would come to Rs. 2,34,000/-. Compensation is accordingly enhanced. Appeal is allowed in these terms and award is modified accordingly.