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Judgment
G.P. Mittal, J.—The Appellant seeks enhancement of compensation for death of P. K. Chopra, who died in a motor accident on 17.01.1991 while he was travelling on the pillion seat of a two wheeler No. DAB 5790.
The compensation of Rs. 5,37,600/- including interim compensation of Rs. 25,000/- was awarded in favour of the Appellants and Respondent No.3. A sum of Rs. 1,87,600/- being approximately 1/3rd of total compensation was ordered to be deducted as Respondent No.3 the widow of the deceased being owner of the offending two wheeler scooter was herself a tort feaser.
The following contentions are raised on behalf of the Appellants: -
(i) The multiplier applied is low; it should be ''17'' as per Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, ;
(ii) No compensation on account of loss of love and affection, loss of estate and funeral expenses has been granted;
(iii) Deduction of Rs. 1,87,600/- apportioned as share of Respondent No.3 was on the higher side.
It is submitted that the Appellants Saurabh Chopra and Mohit Chopra were very young at the time of accident and deduction of an amount of Rs. 1,87,600/- was not justified.
In my view the appeal is bound to succeed. The compensation is re-assessed. The income of the deceased as taken by the Tribunal including future prospects was Rs. 3,750/- after deducting 1/4th towards personal living expenses of the deceased and on applying a multiplier of ''17'' as per Sarla Verma (supra) the loss of dependency comes to Rs. 3,750 - 1/4th x 12 x 17 = Rs. 5,73,750/-. On adding the notional sum of Rs. 25,000/- towards loss of love and affection, Rs. 10,000/- towards loss of estate and Rs. 5,000/- towards funeral expenses, the overall compensation comes to Rs. 6,13,750/-. A deduction of Rs. 1,00,000/- is to be made towards the share of Respondent No.3 for being the joint tort feasor. The Appellants and Respondents No.4 & 5 are thus entitled to a compensation of Rs. 5,13,750/- along with interest @ 9% per annum from the date of filing of the petition till the date of award and then @ 7.5% per annum from the date of filing of the appeal till the date of payment. A sum of Rs. 25,000/- each along with proportionate interest shall be payable to Respondents No.4 & 5. The rest of the amount shall be distributed amongst the Appellants along with interest in equal shares. Since, the accident took place in the year 1991 and the enhancement is marginal the enhanced amount along with interest shall be released forthwith in favour of the Appellants. The Insurance Company is directed to deposit the amount in the name of Appellants in UCO Bank, Delhi High Court Branch, New Delhi within 30 days.
The appeal is allowed in above terms.