MAC .APP.No.842/2005 Page 1 of 3 26 *IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP.No.842/2005 Date of Decision: 15th July, 2009 % VEENA MALHOTRA & ORS. ..... Appellants Through : Mr. O.P. Mannie, Adv. versus JITUMANI KAKATI & ORS. ..... Respondents Through : Mr. Jaswinder Singh, 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.5,25,000/- has been awarded to the appellants. The appellants seek enhancement of the award amount. 2. The accident dated 15th March, 2004 resulted in the death of Anil Kumar Malhotra. The deceased was survived by his widow, two sons and father who filed the claim petition before the learned Tribunal. MAC .APP.No.842/2005 Page 2 of 3 3. The deceased was aged about 44 years at the time of the accident and was running a coaching center earning Rs.50,000/- per annum. The learned Tribunal deducted 1/3rd towards the personal expenses of the deceased and applied the multiplier of 15 to compute the loss of dependency to be Rs.5,02,500/-. Rs.12,500 has been awarded for loss of consortium and Rs.10,000/- has been awarded for funeral expense. The total compensation awarded is Rs.5,25,000/- 4. The appellants have urged the following grounds at the time of hearing of this appeal: - (i) The personal expenses of the deceased be reduced from 1/3rd to 1/4th. (ii) The compensation be awarded for loss of love and affection and loss of estate. 5. The deceased has left behind four legal representatives, namely, widow, two sons and father and, therefore, following the recent judgment of the Hon’ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation, 2009 (6) Scale 129, the personal expenses of the deceased are reduced from 1/3rd to 1/4th. 6. The learned Tribunal has not awarded any compensation for loss of love and affection and loss of estate. Rs.10,000/- is awarded for loss of love and affection and Rs.10,000/- for loss of estate. MAC .APP.No.842/2005 Page 3 of 3 7. The appellants are entitled to the total compensation of Rs.6,05,000/- (Rs.50,000 – Rs.12,500 X 15 = Rs.5,62,500 + 12,500 + Rs.10,000 + Rs.10,000 + Rs.10,000) 8. The appeal is partly allowed and the award amount is enhanced from Rs.5,25,000/- to Rs.6,05,000/- along with interest at the rate of 8% per annum from the date of filing of the petition till realization. The enhanced amount along with interest be deposited by respondent No.3 with the learned Tribunal within 60 days. 9. The shares of the appellants in the enhanced award amount shall be in the same proportion as in the original award. 10. Upon the aforesaid deposit being made, the learned Tribunal is directed to release the same to the appellant without any restriction of fixed deposit. 11. Copy of this order be given ‘Dasti’ to learned counsel for both the parties under signatures of Court Master. J.R. MIDHA, J JULY 15, 2009 mk