MAC.APP.No.276/2007 Page 1 of 3 2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP.No.276/2007 % Date of decision: 14th October, 2009 VEENA BHANDARI ..... Appellant Through : Mr. Kamal Deep, Adv. versus BHAGWAN DIN & ORS. ..... Respondents Through : Ms. Manjusha Wadhwa and Ms. Harsh Lata, Advs. for R-3. 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.11,25,000/- has been awarded to the appellants. The appellants seek the enhancement of the award amount. 2. The accident dated 3rd June, 1998 resulted in the death of Mohinder Kumar Bhandari. The deceased was survived by his widow, two minor children and mother who filed the claim petition before the learned Tribunal. 3. The deceased was aged 28 years at the time of the accident and was working as Executive Operations with M/s APL (India) Pvt. Ltd. earning Rs.9,552/- per month. The learned Tribunal took the income of the deceased to be Rs.7,500/- after excluding conveyance, medical reimbursement and leave travel allowance. MAC.APP.No.276/2007 Page 2 of 3 The learned Tribunal deducted 1/3rd towards personal expenses of the deceased and applied the multiplier of 18 to compute the loss of dependency at Rs.10,80,000/-. Rs.5,000/- has been awarded towards funeral expenses, Rs.20,000/- towards loss of consortium and loss of estate and Rs.20,000/- towards loss of love and affection. The total compensation awarded is Rs.11,25,000/-. 4. 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.9,552/- per month as per the salary certificate – Ex.PW2/B. (ii) The future prospects be taken into consideration according to the statement of PW2 and PW3 who deposed that the colleague of the deceased was drawing Rs.16,862/- per month in the year 1998. (iii) The personal expenses of the deceased be reduced from 1/3rd to 1/4th. 5. The learned counsel for respondent No.3 submits that the multiplier be reduced considering the age of the dependents of the deceased. 6. It is well settled by the judgment of the Hon’ble Supreme Court in the case of Sarla Verma (supra) that the appropriate multiplier at the age of 28 is 17 and 50% has to be added towards future prospects in respect of salaried victims and the appropriate deduction towards personal expenses is 1/4th where the deceased has left behind 4 to 6 dependents. MAC.APP.No.276/2007 Page 3 of 3 7. Following the aforesaid judgment of the Hon’ble Supreme Court, the multiplier is reduced from 18 to 17, 50% is added towards future prospects and the personal expenses of the deceased are reduced from 1/3rd to 1/4th and the compensation is computed to be Rs.17,66,250/- [(Rs.7,500 + Rs.3,750/- towards future prospects x 3/4 x 12 x 17) + Rs.5,000/- towards funeral expenses + Rs.20,000/- towards loss of consortium and loss of estate + Rs.20,000/- towards loss of love and affection] 8. The appeal is allowed and the award amount is enhanced from Rs.11,25,000/- to Rs.17,66,250/- along with interest @ 7.5% per annum from the date of the filing of the petition till realization. 9. The enhanced award amount along with interest be deposited by respondent No.3 with State Bank of India A/c Veena Bhandari within 30 days. 10. The order with respect to the disbursement of the award amount shall be passed on the next date of hearing after examining the claimants who are directed to remain present before this Court on the next date of hearing. 11. List for recording the statement of the claimants on 17th November, 2009. 12. Copy of the order be given dasti to counsel for both the parties under the signatures of the Court Master. J.R. MIDHA, J OCTOBER 14, 2009 aj