MAC.APP.No.486/2008 Page 1 of 4 15 *IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP.No.486/2008 Date of Decision: 9th December, 2009 % TILAK RAJ LAMBA & ORS. ..... Appellants Through : Mr. Pankaj Kumar Deval, Adv. for R-1 and 2. versus ORIENTAL INSURANCE CO.LTD. ..... Respondent Through : Mr. R.N. Sharma, Adv. CORAM :- THE HON'BLE MR. JUSTICE J.R. MIDHA 1. Whether Reporters of Local papers may YES be allowed to see the Judgment? 2. To be referred to the Reporter or not? YES 3. Whether the judgment should be YES reported in the Digest? JUDGMENT (Oral) 1. The appellants have challenged the award of the learned Tribunal whereby compensation of Rs.2,52,040/- has been awarded to them. The appellants seek enhancement of the award amount. 2. The accident dated 23rd January, 2006 resulted in the death of Kapil Lamba. The deceased was survived by his parents who filed the claim petition before the learned Tribunal 3. The deceased was aged 24 years at the time of the accident and was carrying on his own business in the name and style of M/s KAPS. MAC.APP.No.486/2008 Page 2 of 4 4. It was claimed that the deceased was earning Rs.12,000/- to Rs.16,000/- per month. The income was sought to be proved by the Income Tax Return – Ex.PW1/5 for the assessment year 2006-07 according to which the income from the business was Rs.1,39,880/- but this return was filed after the death of the deceased. The Income Tax Returns for the previous three years were also placed on record but there is no income from business in those returns. The learned Tribunal, therefore, took the income of the deceased at the time of the accident to be Rs.3,926/- per month on the basis of minimum wages. The increase in minimum wages were taken into consideration and the income of the deceased for computation of compensation was taken at Rs.5,889/- per month. The learned Tribunal deducted 1/2 towards personal expenses of the deceased and applied the multiplier of 8 to compute the loss of dependency at Rs.2,12,040/-. Rs.10,000/- has been awarded towards funeral expenses and Rs.30,000/- towards loss of love and affection. The total compensation awarded is Rs.2,52,040/-. 5. The learned counsel for the appellant has urged the following grounds at the time of hearing of this appeal:- (i) The income of the deceased be taken to be Rs.1,39,880/- as per the Income Tax Return – Ex.PW1/5. (ii) The multiplier be enhanced from 8 to 11. MAC.APP.No.486/2008 Page 3 of 4 (iii) The compensation be awarded for loss of estate. 6. With respect to the income of the deceased, Ex.PW1/5 cannot be relied upon as the same was filed after the death of the deceased and it has not been corroborated by any evidence of the proof of income of the deceased such as the balance sheet and profit/loss account. The Income Tax Returns for previous three years do not show any income of the deceased from business or profession. However, considering that the deceased was holding a diploma from NIIT and was carrying on the business and was filing the Income Tax Return for the last three years before his death, the income of the deceased is taken to be Rs.7,500/- instead of Rs.5,889/-, 1/2 is deducted towards personal expenses of the deceased. The learned Tribunal has applied the multiplier of 8 whereas the appropriate multiplier according to the judgment of the Hon’ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation, 2009 (6) Scale 129 is 11 considering the age of the mother to be 54 years. Applying the multiplier of 11, the loss of dependency is computed to be Rs.4,95,000/- (Rs.7,500 x 1/2 x 12 x 11). 7. The learned Tribunal has not awarded any compensation towards loss of estate. Rs.10,000/- is awarded towards loss of estate. The appellants are entitled to total compensation of Rs.5,45,000/- (Rs.4,95,000 + Rs.10,000/- towards loss of estate + Rs.30,000/- towards loss of love and affection + Rs.10,000/- towards funeral expenses). MAC.APP.No.486/2008 Page 4 of 4 8. The appeal is allowed and the award amount is enhanced from Rs.2,52,040/- to Rs.5,45,000/- along with interest @7.5% per annum from the date of filing of the petition till realization. 9. The enhanced award amount along with interest be deposited by respondent No.1 with UCO Bank, Delhi High Court Branch A/c Saroj Lamba by means of a cheque through Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400) within 30 days. 10. Upon the aforesaid amount being deposited, UCO Bank is directed to release 50% of the same to appellants No.1 and 2 by transferring the same to their joint Saving Bank Account. 11. The remaining 50% amount be kept in fixed deposit in the joint names of appellants No.1 and 2 for a period of two years with cumulative interest. 12. Copy of this order be given ‘Dasti’ to learned counsel for the parties under the signature of Court Master. J.R. MIDHA, J DECEMBER 09, 2009 aj