MAC .APP.No.285/2009 Page 1 of 3 29 *IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 285/2009 Date of Decision: 29th May, 2009 % NATIONAL INSURANCE CO. LTD. ..... Appellant Through : Mr. S.L. Gupta, Adv. versus KAMLESH & ORS. ..... Respondents Through : None. 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) CM No.8200/2009 (Exemption) 1. Allowed, subject to just exceptions. 2. The application stands disposed of. CM No.8201/2009 (Delay) 1. For the reasons stated in the application, the delay in filing of the appeal is condoned. 2. The application stands disposed of. MAC.APP. No.285/2009 and CM No.8199/2009 1. The appellant has challenged the award of the learned Tribunal whereby compensation of Rs.3,71,671/- has been awarded to the claimants/respondent Nos.1 and 2. MAC .APP.No.285/2009 Page 2 of 3 2. The accident dated 12th December, 2006 resulted in the death of Srikant aged 21 years. The deceased was survived by his parents who filed the claim petition before the learned Tribunal. 3. The income of the deceased is claimed to be Rs.40,000/- per annum. The learned Tribunal applied the Second Schedule of the Motor Vehicles Act and took the income of the deceased to be Rs.40,000/- per annum. 1/3rd was deducted towards the personal expenses of the deceased and the multiplier of 13 was applied to compute the loss of dependency at Rs.3,46,671/-. Rs.25,000/- has been awarded for loss of estate, loss of love and affection, Rs.5,000/- has been awarded towards funeral expenses. The total compensation comes to Rs.3,71,671/-. 4. The only ground urged at the time of hearing of appeal is that the personal expenses of the deceased should have been taken as 1/2 instead of 1/3rd. 5. Considering that the learned Tribunal has taken the annual income of the deceased to be Rs.40,000/- i.e. Rs.3,333/- per month which is even less than the minimum wages which is recorded in para – 12 of the impugned award and also noting that the learned Tribunal has applied the multiplier of 13 whereas it should have been 15 considering the age of the mother to be 42 years, the award of the learned Tribunal does not call for any interference. However, the impugned award has been upheld in the peculiar facts MAC .APP.No.285/2009 Page 3 of 3 and circumstances of this case and this judgment shall not be treated as a precedent in other cases. 6. The appeal as well as all the applications are accordingly dismissed. 7. The Registry is directed to refund the statutory amount of Rs.25,000/- to the appellant after appellant furnishes the proof of satisfaction of the entire award amount. 8. Copy of this order be given ‘Dasti’ to learned counsel for the appellant under signatures of Court Master. J.R. MIDHA, J MAY 29, 2009 mk