Rohima Khatoon vs State of Haryana

J.R. Midha, J.—The appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 90,000/- has been awarded to the appellants. The appellants seek enhancement of the award amount.

The accident dated 12th May, 1983 resulted in the death of Fazlue Rehman. The deceased was survived by his widow and four minor children who filed the claim petition before the learned Tribunal.

The deceased was aged 30 years at the time of the accident and was earning Rs. 20/- per day. The learned Tribunal took the income of the deceased to be Rs. 500/- per month and deducted 1/4th towards the personal expenses and applied the multiplier of 20 to compute the loss of dependency at Rs. 90,000/-. No amount has been awarded towards loss of consortium, loss of love and affection, loss of estate and funeral expenses. No interest has been awarded by the learned Tribunal from the date of filing of the petition till the date of award.

The learned Counsel for the appellants has urged only two grounds at the time of hearing of this appeal. The first ground of challenge is that the compensation be awarded for loss of consortium, loss of love and affection, loss of estate and funeral expenses. The second ground of challenge is that the interest be awarded from the date of filing of the petition till payment.

It is well settled that the claimants are entitled to compensation towards loss of consortium, loss of love and affection, loss of estate and funeral expenses and also interest on the award amount from the date of filing of the petition till realization. In the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , the compensation of Rs. 10,000/- has been awarded towards loss of consortium and Rs. 10,000/- towards loss of estate. However, considering that the accident relates to the year 1983, Rs. 5,000/- towards loss of consortium, Rs. 5,000/- towards loss of love and affection, Rs. 5,000/- towards loss of estate and Rs. 5,000/- towards funeral expenses is fair and reasonable. The appellants are entitled to the total compensation of Rs. 1,10,000/- (Rs. 90,000 + Rs. 5,000 + Rs. 5,000 + Rs. 5,000 + Rs. 5,000).

The learned Tribunal has not awarded the interest on the award amount from the date of filing of the petition. However, the learned Tribunal has awarded the interest @12% per annum from the date of the order till realization. The order of the learned Tribunal is modified and interest is awarded from the date of filing of the petition till payment.

The appeal is allowed and the award amount is enhanced from Rs. 90,000/- to Rs. 1,10,000/-. The rate of interest on the original award amount shall be @12% per annum from the date of filing of the petition till payment. However, on the enhanced amount of Rs. 20,000/-, the rate of interest shall be 12% per annum from the date of filing of the petition till the date of award of the learned Tribunal i.e., 10th December, 1988 and thereafter @ 7.5% per annum.

The enhanced award amount along with interest thereon be deposited by respondent No. 1 with the Registrar General of this Court within 45 days. The learned Counsel for the appellants submit that appellant No. 1 has expired during the pendency of the appeal and all the children are now major. The shares of all the four children shall be equal in the award amount.

The order with respect to the disbursement of the award amount shall be passed on the next date of hearing after hearing the appellants.

The appellants are directed to remain present in the Court on the next date of hearing.

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