Kulwinder Kaur and others vs Gurmeet Singh and another

K.C. Puri, J.—There is a delay of 91 days in filing the present appeal. The same stands condoned on the grounds mentioned in the application. This is an appeal directed by claimants claiming compensation on account of death of Hans Raj in a motor vehicular accident.

The deceased was working as Junior Plant Attendant and was drawing salary of Rs. 24,035/- per month. His income was taken as Rs. 24,000/- per month. 1/3rd amount was deducted in respect of personal expenses of the deceased and monthly dependency was taken as Rs. 16,000/- . The annual dependency was taken as Rs. 1,92,000/- . The age of the deceased was 53 years. The multiplier of 10 was applied and a sum of Rs. 19,20,000/- was assessed as compensation. Another sum of Rs. 4,000/- was allowed on account of funeral expenses and a sum of Rs. 5,000/- was allowed on account of loss of estate/consortium.

Learned counsel for the appellants has submitted that claimants are 4 in number. So, the dependency should have been calculated by applying the cut of 1/4th in view of authority reported as Smt. Sarla Verma and others vs. Delhi Transport Corporation and another 2009 (3) RCR (Civil) 77. He has further contended that multiplier applicable at the age of 53 is 11. It is further contended that the amount allowed in respect of convention expenses is on lower side. It is also contended that interest was not allowed and condition was put that claimants would be entitled to interest @ 6% per annum if the amount is deposited within two months from the date of order, otherwise they would be entitled to interest @ 9% from the date of claim petition till payment. It is contended that interest should have been allowed from the date of filing of claim petition.

Counsel for the Insurance company has supported the award of the Tribunal. He has further contended that the deceased would have retired at the age of 58 and the income must have decreased to the extent of 1/3rd after 58 years.

I have considered the submissions made by counsel for both the sides and have also gone through the case file.

The proved income of the deceased was Rs. 24,000/- per month. The dependency should have been calculated by applying the cut of 1/4th in respect of personal expenses of the deceased in view of authority in Smt. Sarla Verma''s case (Supra). So, by applying the cut of 1/4th, monthly dependency comes to Rs. 18,000/- per month and the yearly dependency comes to Rs. 2,16,000/- . However, the deceased must have retired after 5 years. So, multiplier of 5 should have been applied. By applying the said multiplier the amount of compensation comes to Rs. 10,80,000/- .

After retirement, the deceased must have been drawing pension and his income can be taken as Rs. 12,000/- per month. The dependency for the remaining period comes to Rs. 9,000/- per month. The yearly dependency comes to Rs. 1,08,000/- . By applying the multiplier of remaining period of 6 years, the amount of compensation comes to Rs. 6,48,000/- . By adding the conventional charges of Rs. 20,000/- , the amount calculated is still less than the amount granted by the Tribunal. So, no case for enhancement is made out.

However, there is no cross appeal preferred by the Insurance company and as such the amount cannot be reduced.

However, the claimants are held entitled to claim interest @ 7.5% per annum from the date of filing of claim petition till payment of amount of Rs. 19,29,000/- awarded by the Tribunal. The petition stands disposed of accordingly.