U P State Road Transport Corporation vs.shakuntla Devi & Ors - Court Judgment

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:

18. h April, 2018 $~18 * % + MAC.APP. 119/2018 U P STATE ROAD TRANSPORT CORPORATION ..... Appellant Through: Mr. Shadab Khan, Adv. versus SHAKUNTLA DEVI & ORS ........ RESPONDENTS

Through: Mr. Bhupesh K. Chandra, Adv. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.9,04,000/- has been awarded to respondents No.1 to 7.

2. The accident dated 20th August, 2010 resulted in the death of Naval Singh. The deceased was aged 50 years at the time of the accident and was survived by his widow, two sons, three daughters and father who claimed compensation. The deceased was working as a baildar (labourer). It was claimed that the deceased was earning Rs.9,000/- per month. However, in the absence of any proof of income, the Claims Tribunal took the minimum wages of Rs.5,278/-, deducted 1/5th towards his personal expenses and applied the multiplier of 13 to compute the loss of dependency as Rs.6,58,695/-. The Claims Tribunal awarded Rs.1,00,000/- towards loss of love and MAC. APP. 119/2018 Page 1 of 4 affection, Rs.1,00,000/- towards loss of consortium, Rs.20,000/- towards loss of estate and Rs.25,000/- towards funeral expenses. The total compensation awarded by the Claims Tribunal is Rs.9,04,000/-.

3. Learned counsel for the appellant urged at the time of hearing that the multiplier be reduced from 13 to 11 as the deceased was above 50 years of age. It is further submitted that the personal expenses be reduced from 1/5th to 1/3rd as all the daughters of the deceased are married. The appellant also seek reduction of non-pecuniary compensation. Reliance is placed in National Insurance Co. Ltd. v. Pranay Sethi, 2017 SCC OnLine SC1270 4. Learned counsel for respondents No.1 to 7 urged at the time of hearing that the Claims Tribunal has not awarded future prospects to compute the compensation. It is further submitted that the multiplier of 13 be maintained as the deceased did not complete 51 years of age.

5. This Court is of the view that the compensation of Rs.1,00,000/- awarded by the Claims Tribunal under the head of loss of love and affection is not a permissible head as per National Insurance Co. Ltd. v. Pranay Sethi (Supra). Therefore, the compensation under the head of loss of love and affection is set aside. The future prospects of 10% have to be added to the income of the deceased in terms of the principles laid down in National Insurance Co. Ltd. v. Pranay Sethi (supra). However, non-pecuniary compensation under the heads of loss of consortium, loss of estate and funeral expenses are liable to be reduced to Rs.70,000/-(Rs.40,000 towards loss of consortium, Rs.15,000 towards loss of estate and Rs.15,000 towards funeral expenses). The deceased has left behind seven legal heirs and, MAC. APP. 119/2018 Page 2 of 4 therefore, the deduction of 1/5th towards personal expenses is upheld. The deceased was aged 50 years and 7 months at the time of accident. As per the Second Schedule of Motor Vehicle Act, as corrected in Sarla Verma v. D.T.C., 2009 (6) SCC121 the appropriate multiplier after completing the age of 50 years is 11. The multiplier is, therefore, reduced from 13 to 11.

6. Taking the income of deceased as Rs.5,278/-, adding 10% towards future prospects, deducting 1/5th towards personal expenses and applying the multiplier of 11, the loss of dependency is computed as Rs.6,13,093/- (6,13,092.48 rounded off). Adding Rs.40,000/- towards loss of consortium, Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses, the total compensation is computed as Rs.6,83,093/-.

7. The appeal is allowed and the compensation amount is reduced from Rs.9,04,000/- to Rs.6,83,093/- along with interest @ 9% per annum from the date of institution of the claim petition i.e. 24th December, 2010. CM No.3936/2018 is disposed of.

8. The appellant has deposited Rs.6,27,537/- along with interest @ 9% per annum with the Registrar General of this Court in terms of the order dated 06th March, 2018. The appellant is directed to deposit the balance award amount along with up to date interest with the Registrar General of this Court within four weeks.

9. List for disbursement of the compensation amount on 28th May, 2018 at 02:30 P.M.

10. Respondent No.1 shall remain present in Court on the next date of hearing along with the passbook of her savings bank account near MAC. APP. 119/2018 Page 3 of 4 the place of her residence as well as PAN card and Aadhaar card. The concerned bank is directed not to issue any cheque book or debit card to respondent No.1 and if the same has already been issued, the bank is directed to cancel the same and make an endorsement on the passbook to this effect. The respondent No.1 shall produce the copy of this judgment to the concerned bank, whereupon the bank shall make an endorsement on the passbook of respondent No.1 that no cheque book and/or debit card shall be issued to respondent No.1 without the permission of this Court. However, the concerned bank shall permit respondent No.1 to withdraw money from her savings bank account by means of a withdrawal form. The respondent No.1 shall produce the original passbook of her savings bank account with the necessary endorsement on the next date of hearing.

11. Learned counsel for the respondents submits that respondent No.7 has expired during the pendency of the claim petition and his rights have devolved upon respondents No.1 to 6 who are on record. Respondent No.7 is substituted with respondents No.1 to 6. The amended memo of parties be filed by the appellant within three weeks.

12. Copy of this judgment be given dasti to counsels for the parties under signature of Court Master. APRIL18 2018 ak J.R. MIDHA, J.

MAC. APP. 119/2018 Page 4 of 4