IN THE HIGH COURT OF DELHI AT NEW DELHI MACA No. 109/2010 Date of Decision: lulv 15. 2010 BHARTI AND ANR ..... AppeUants through Mr. N.KJha, Advocate versus JITENDERAND ORS Respondents through Mr. K.L.Nandwani, Advocate for respondent No.3. CORAM: HON'BLE MISS JUSTICE REKHA SHARMA 1. Whether the reporters of local papers may be allowed to see the judgment? 2. To be referred to the reporter or not? 3. Whether the judgment should be reported in the 'Digest'? REKHA SHARMA. T. (ORAL) The learned counsel for the appellants states that the impugned award passed by the Motor Accident Claims Tribunal dated July 11, 2009 suffers from an error of calculation. It is stated that while calculating compensation payable to the appellants and respondent No.4 who are the wife, son and father of the deceased respectively, the personal expenditure of the deceased which he would have spent upon himself had he remained alive, has been deducted from his income twice over. In this regard, reference has been made to the following paragraphs of the award:- MACANo.l09/2010 Page 1 of 3 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified V" xr \ "Therefore, the actual monthly income of Rs.9,100/- divided by 7 is equal to Rs.1,300/- per unit. As the petitioner no.l and performa respondent no.4 and the deceased were adults, the monthly financial spending on each adult member will be Rs.2,600/- per month and as the performa respondent no.5 is minor son of the deceased, the monthly financial spending on the minor member will be Rs.1,300/- per month. As the deceased was working, Rs.200/- be added extra towards the expenditure towards other expenses as travelling etc. After adding, Rs.200/-, the monthly spending of the deceased will be Rs.2,600/- plus Rs.200/- which comes to Rs.2,800/-. The calculation will stand as under: Rs.9,100/- minus Rs.2,800/-, that is, monthly expenditure of deceased on his family will come to Rs.6,300/-. The annual financial loss wiU be Rs.6,300/- X 12, which comes to Rs.75,600/-. As per Sarla Verma Judgment, 1/3"^ is to be deducted towards personal expenses where the number of dependent family members are 2 to 3, therefore, the total financial loss in this case per annum will be Rs.75,600/- divided by 2/3, which comes to Rs.50,400/- per annum." The learned counsel for the Insurance Company does not dispute the error pointed out by the counsel for the appellants which is also borne out from the aforementioned paragraphs. As noticed above, the income of the deceased has been assessed at Rs.9,100/- per month. If 1/3"^ towards the personal expenditure of the deceased amounting to Rs.3,033/- is deducted from Rs.9,100/-, the balance comes to Rs.6,067/- per month. This figure on being multiphed by 12 will give the annual financial loss caused to the legal representatives of the deceased and when further multiphed by 13, it will give the actual loss caused to them. There is no disagreement between the learned counsels that on the basis of the aforementioned calculation, the difference between the total financial loss as calculated by the Claims Tribunal and as MACA No.l09/2010 Page 2 of 3 /• K U calculated hereinabove, comes to Rs. 2,91,892/-. Accordingly, I hereby direct the Insurance Company to pay this difference to the appellants along with interest thereon (a) 7.5% per annum. The enhanced amount shall be apportioned to the claimants in the same ratio as has been done by the Claims Tribunal. The appeal is disposed of. REKm^SHARMA;j. JULY 15, 2010 PC/ka MACANo.l09/2010 Page 3 of 3