Union of India vs Bhajan Sharma

Mr. Ramalingam Sudhakar, J. - This is an appeal of the year 2009.

Union of India is on appeal challenging the award dated 31.10.2008 passed in Claim Petition primarily on the ground that the quantum of

compensation is high.

Heard Mr. K.J. Singh learned counsel for the appellant as also Mr. Sanjeev Kumar, learned counsel for the respondent-claimant.

It is a case of death of one Parshotam Lal Sharma. Accident in this case happened on 14.07.2003 when the deceased was going to Satwari

from Railway Pattri Gagian, R.S. Pura on his Scooter and on reaching near Rani Bagh Morh one Military Vehicle bearing No. 01D-389555N

Tech No. 220, hit him. On his death, wife 43 years old, two daughters (adult), one minor daughter and two minor sons, (in total six persons)

claimed compensation. The Tribunal awarded Rs. 24,30,000/- with 7.5% rate of interest per annum to the claimants.

The Tribunal in answer to issue no. 4 based on the evidence of Mr. B.B. Gupta, Manager of Bank, came to hold that income of the deceased as

Rs. 20,014/-. Applying multiplier of 10 after usual deductions, total pecuniary loss to the dependents comes to 24,00,000/-, for loss of consortium

Rs. 15,000/- was granted, for funeral expenses Rs. 15000/-, and total amount of Rs. 24,30,000/- was awarded with interest at the rate of 7.5%

per annum.

Primarily, it is contended by the appellant that multiplier should be 6 or 7 because he had got only six years of service at the time of accident.

This proposition does not merit consideration in view of the judgment rendered by Supreme Court in Sarla Verma & Ors. v. Delhi Transport

Corporation & Anr. reported in 2009 (3) Supreme 487, in terms of which the appropriate multiplier should be 9 and as per Schedule

appended to MV Act the multiplier should be 11. Assuming that one multiplier is in excess, that can be adjusted against the compensation which

has not been granted for loss of love and affection to the minor daughter and two minor sons. Accordingly, the appeal stands dismissed and the

award is confirmed.

The appellant-Insurance Company is directed to pay compensation to the claimant who will be at liberty to withdraw the same, if not already

withdrawn.

The appeal stands disposed of as above.