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Judgment
G.P. Mittal, J.
It is submitted by the learned counsel for the Respondents Claimants that he filed Cross-Objections on 02.08.2011. The same were, however, under objections. Since the main Appeal is taken up for final disposal, let the cross-objections be registered as MAC APP. No. 357/2012. MAC APP Nos. 229/2011 & 357/2012
Heard. The only ground of challenge in this Appeal is that instead of deduction of 1/4th towards the personal and living expenses, the Claims Tribunal made a deduction of 1/5th. In the Cross-Appeal, which has been registered as MAC APP No. 357/2012, the Respondents (Claimants) grievance is that no compensation towards love and affection has been awarded and the interest awarded by the Claims Tribunal is very low.
It is well settled ( Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, that whenever the dependents are 4-6, there has to be deduction of 1/4th towards the personal and living expenses. In this case, since the number of dependents were 6, the Claims Tribunal ought to have made deduction of 1/4th towards the personal and living expenses instead of 1/5. Thus, the loss of dependency comes to Rs. 19,40,047/-(Rs. 11844/- + 30% X 3/4 X 12 X 14).
The Claims Tribunal ought to have made some provision for grant of compensation towards love and affection. I would award a sum of Rs. 25,000/- under the said head. As far as award of interest @ 7.5% is concerned, the interest rates started firming up in the year 2009. On long term deposits, nationalized banks have started giving interest in the vicinity of 9% per annum. The Claim Petition was filed in November, 2009. Considering that there were 6 dependents, I would enhance the rate of interest from 7.5% per annum to 9% per annum.
The compensation is recomputed as under:
Sl. No.
Compensation under various heads
Awarded by the Claims Tribunal
Awarded by this Court
1.
Loss of Dependency
Rs. 20,69,383.68
Rs. 19,40,047/-
2.
Loss of Love & Affection
-
Rs. 25,000/-
3.
Loss to Estate
Rs. 10,000/-
Rs. 10,000/-
4.
Loss of Consortium
Rs. 10,000/-
Rs. 10,000/-
5.
Funeral Expenses
Rs. 5,000/-
Rs. 10,000/-
Total
Rs. 20,94,383.68 (rounded to Rs. 20,94,400/-)
Rs. 19,95,047/-
The overall compensation is reduced from Rs. 20,94,400/- to Rs. 19,95,047/-.
Since the rate of interest has been increased, the compensation shall be recalculated by the Registry as well as by the Appellant Insurance Company. If there is any shortfall, the same shall be deposited by the Appellant Insurance Company with the Registrar General of this Court within six weeks. If the amount is found to be in excess, it shall be refunded to the Appellant Insurance Company.
The amount awarded shall be disbursed/held in fixed deposit in favour of Respondents No. 1 to 6 in terms of the order passed by the Claims Tribunal. Both the Appeals are allowed in above terms.