Urmila Khairwal and Others vs Liyakat Ali and Others

G. P. Mittal, J.—The Appellants who are the legal heirs of deceased Tej Singh are aggrieved by an order dated 30.09.2011 passed by the Claims Tribunal whereby a detailed accident report (DAR) was treated as a Petition u/s 166(4) of the Motor Vehicles Act and a compensation of Rs. 17,30,000/- was awarded in favour of the Appellants, which according to them is not just compensation. The salary certificate available at page 30 of the TCR showing a gross salary of Rs. 16,593/- was not disputed by the Respondent/Insurance Company. The deceased was aged 45 years and three month on the date of the accident. As per Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, the appropriate multiplier is ''14'' where the deceased is aged between 41 to 45 years and ''13'' where the deceased between 46 to 50 years. Since the deceased was 45 years and three months and his birth was nearer 45 years, the appropriate multiplier was ''14''. The Claims Tribunal while making an award deducted 1/4th of the compensation on the ground that Appellant No. 1 was to get family pension as per the Government rules. Vide letter Ex.P-1 the Assistant Accounts-Officer of the Transport Department informed the Court that the deceased widow/legal heir would be entitled to a pension of Rs. 4,475/- + DA upto 13.10.2020 and a pension of Rs. 2635/- per month + DA after 13.10.2020.

In view of Delhi Transport Corporation Vs. Mrs. Meena Chaturvedi and Others, the issue is no longer res intgra that the family pension is not required to be deducted while computing the payment on account of loss of dependency. The Claims Tribunal erred in making a deduction of 1/4th towards the family pension.

The compensation towards loss of dependency works out as ( Rs. 15,723x12- Rs. 2,354(income tax) +30% x3/4x14) Rs. 25,43,295/-. In addition the Appellants are entitled to a sum of Rs. 25,000/- towards loss of love and affection and Rs.10,000/- each towards loss of consortium, loss to estate and funeral expenses. Thus the total compensation comes to Rs. 25,98,282/- ( Rs. 25,43,295/- + Rs. 55,000/-)

The enhanced compensation of Rs. 8,68,295/- shall carry interest at the rate of 7.5% per annum from the date of treating DAR as an application u/s 166 of the Act upto the date of payment and shall enure for the benefit of the Appellant No. 1.

90% of the enhanced compensation along with proportionate interest shall be held in Fixed Deposit in favour of Appellant No. 1 for a period of 2, 4, 6, 8 and 10 years in equal proportion. 6. Rest of the amount along with proportionate interest shall be released immediately on deposit.

The Respondent Insurance Company is directed to deposit the enhanced compensation within six weeks.

The Appeal is allowed in above terms. No costs.