MAC.APP.No.102/2010 Page 1 of 3 43 *IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP.No.102/2010 Date of Decision: 22nd February, 2010 % HARSH VARDHAN DHASMANA & ORS ..... Appellants Through : Mr. N.K. Jha, Adv. versus YASHPAL & ORS ..... Respondents Through : Mr. S.L. Gupta, Adv. for R-3. CORAM :- THE HON'BLE MR. JUSTICE J.R. MIDHA 1. Whether 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? JUDGMENT (Oral) CM No.3324/2010 (Delay) 1. For the reasons stated in the application, the delay in filing the appeal is condoned. 2. CM stands disposed of. MAC.APP. No.102/2010 1. The appellants have challenged the award of the learned Tribunal whereby compensation of Rs.14,04,690/- has been awarded to them. The appellants seek enhancement of the award amount. 2. The accident dated 28th February, 2006 resulted in the death of Patti Ram. The deceased was survived by two sons and three daughters who filed the claim petition before the MAC.APP.No.102/2010 Page 2 of 3 learned Tribunal. 3. The deceased was aged 55 years at the time of the accident and was working as Assistant Manager with Air India. As per the salary certificate – Ex.PW3/C, the deceased got a gross salary of Rs.30,088.25 in the month of February, 2006. The said amount includes Rs.200/- towards conveyance, Rs.570/- towards reimbursement of out pocket expenses, Rs.300/- towards entertainment allowance, Rs.52/- towards refund education cess and Rs.9,665/- towards refund excess Income Tax. The learned Tribunal deducted aforesaid amount and took the net salary of Rs.19,301.25 per month for computation of compensation. The learned Tribunal deducted 1/3rd towards the personal expenses of the deceased considering that only two sons and one daughter were dependant on the deceased and two married daughters were not dependant on the deceased. The learned Tribunal applied the multiplier of 9 to compute the loss of dependency at Rs.13,89,690/-. Rs.10,000/- has been awarded for loss of estate, Rs.5,000/- for funeral expenses and Rs.50,000/- for loss of love and affection. The total compensation awarded is Rs.14,04,690/-. 4. The learned counsel for the appellants has urged two grounds at the time of hearing of this appeal. First ground is that the learned Tribunal erred in making deductions of Rs.10,787/- and second ground is that the personal expenses of the deceased be reduced from 1/3rd to 1/4th for MAC.APP.No.102/2010 Page 3 of 3 computation of compensation. 5. The deductions of Rs.10,787/- towards various heads including refund of excess Income Tax and refund of Education cess is in accordance with law. The deduction of 1/3rd towards the personal expenses of the deceased is also in accordance with law and the well settled principles of law laid down by the Hon’ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation, 2009 (6) Scale 129. 6. No ground for interference is made out. 7. The appeal is dismissed. J.R. MIDHA, J FEBRUARY 22, 2010 mk