MAC .APP.No.28/2007 Page 1 of 5 14 *IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP.No. 28/2007 Date of Decision:10th August, 2009 THE NEW INDIA ASSURANCE CO. LTD ..... Appellant Through Mr. R.K. Tripathi, Advocate versus VIDYA DEVI & ORS. ..... Respondents Through Mr. Manish Maini, Advocate for Mr. Goyal, Advocate. 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.19,36,000/- has been awarded to the claimants/respondent nos. 1 to 5. 2. The accident dated 2nd October, 2005 resulted in the death of Ram Achal. The deceased was survived by his widow, two minor sons and parents who filed the claim petition before the learned Tribunal. 3. The deceased was aged 31 years at the time of the accident and was a teacher in Kisan Inter College, Kakrauli, MAC .APP.No.28/2007 Page 2 of 5 Muzaffar Nagar earning Rs.9,859/- per month. 4. The salary certificate of the deceased was proved as Ex.PW-3/2. PW 5 also produced the salary register and attendance register of the deceased. The salary sheet and certificate of the deceased for the month of August, 2005 were proved as Ex. PW-5/1 and Ex.PW-5/2. The salary increment certificate was proved as Ex.PW-5/4. The deceased was a permanent employee of the college. 5. As per the salary sheet - Ex.PW-5/1 and certificate - Ex.PW-5/2, the gross salary of the deceased was Rs.9,859/- in August, 2005 and the salary after deductions was Rs.9,341/-. 6. The learned Tribunal took the income of the deceased as Rs.9,341/- and added 50% towards future prospects. 1/3rd was deducted therefrom towards the personal expenses of the deceased and the multiplier of 17 was applied to compute the loss of dependency at Rs.19,06,000/-. Rs.10,000/- has been awarded towards loss of consortium, Rs.10,000/- towards loss of love and affection and Rs.10,000/- towards funeral rites. The total compensation awarded is Rs.19,36,000/-. 7. The learned counsel for the appellant has challenged the impugned award on the ground that HRA, GPF and PF should be deducted from the salary of the deceased to compute the loss of dependency. It is further submitted that future prospects should not have been taken into MAC .APP.No.28/2007 Page 3 of 5 consideration. 8. The claimants/respondents No.1 to 5 have filed cross- objections for enhancement of the compensation on the ground that the income of the deceased for computation of compensation be taken as Rs.13,000/- on the basis of 6th pay commission and the deduction towards the personal expenses should be reduced from 1/3rd to 1/4th as the deceased has left behind five legal representatives. 9. The deceased was a teacher in Kisan Inter College, Kakrauli, Muzaffar Nagar and his income has been duly proved by the evidence on record. As per Ex.PW-5/2, last drawn salary of the deceased was Rs.10,883/- out of which Rs.600/- has been deducted towards GPF, Rs.559/- has been deducted as contribution towards LIC and Rs.83 towards GIS. Total deduction is Rs.1,542/- and after deducting Rs.1,542/-, the net salary paid to the deceased was Rs.9,341/- which has been taken by the learned Tribunal to compute the compensation. The learned Tribunal was in clear error in making the deduction of Rs.1,542/- towards the GPF, LIC and GIS which constitutes income of the deceased. The deduction of Rs.1,542/- is hereby set aside. The total salary of the deceased for computation of the compensation is taken to be Rs.10,883/-. 10. It has been proved by sufficient evidence that the deceased had a permanent job. According to the recent MAC .APP.No.28/2007 Page 4 of 5 judgment of Hon’ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation, 2009 (6) Scale 129, 50% of the salary has to be added towards future prospects and the salary of the deceased after adding future prospects is taken to be Rs.16,325/- (Rs.10,883 + Rs.5,442). 11. The learned Tribunal has deducted 1/3rd towards the personal expenses of the deceased. The deceased has left behind five dependants and, therefore, following the judgment of Sarla Verma (Supra), the personal expenses of the deceased are reduced from 1/3 to 1/4. 12. The learned Tribunal has applied the multiplier of 17. The deceased was aged 31 years and the appropriate multiplier as per the aforesaid judgment of Sarla Verma (Supra) is 16. The multiplier is, therefore, reduced from 17 to 16. 13. The claimants are entitled to loss of dependency of Rs.23,50,800/- (Rs.16,325 x 3/4 x 12 x 16). 14. The learned counsel for the respondent submits that no amount has been awarded towards loss of estate. Rs.10,000/- is awarded towards loss of estate. The total compensation is computed to Rs.23,90,800/- (Rs.23,50,800 + Rs.10,000 + 10,000 + 10,000 + 10,000). 15. The appeal is dismissed. The cross-objections are allowed and the award amount is enhanced from Rs.19,36,000/- to Rs.23,90,800/- along with interest @ 8% MAC .APP.No.28/2007 Page 5 of 5 per annum from the date of filing of the petition till realization. The shares of the claimants shall be in the same proportion as in the award. 16. The enhanced award amount along with interest be deposited with the learned Tribunal within 30 days and the same be released in the same manner as in the original award with proportionate amount in fixed deposit. 17. The ex-parte stay dated 15th July, 2007 is hereby vacated. All pending CMs are disposed of. 18. Copy of this order be given ‘Dasti’ to learned counsel for the parties under the signature of Court Master. J.R. MIDHA, J August 10, 2009 HL