Deepanshu & ORS v. Pardeep Kumar & ORS

'.

, an addition of 50% on the count of 'future prospects' has to be made and total amount of earnings comes to be Rs.5,896/- + Rs.2,948/- (50% of Rs.5,896/-) = Rs.8,844/- per month. Out of the same, keeping in view the number of dependents, 1/3rd is to be deducted on account of 'personal expenses', which is to the extent of Rs.2,948 /- and the residue amount works out to be Rs.5,896/- per month and annual income comes to be Rs.70,752/-.

Considering the age of the deceased (28 years) as per Smt. Sarla Verma & Ors. Vs Delhi Transport Corporation & Anr., (2009) 6 SCC 121, the appropriate multiplier and after, so applying this multiplier, the loss of dependency comes to be Rs.

/- x 17 = Rs.12,02,784/-.

10.

Rest of the parameters are assessed and calculated in accordance with the judgment of this Court titled as Sangtari Muleem v. Karnail Singh, 2024(4) RCR(Civil) 5 Law Finder Doc Id # 2270482, which is in consonance with the settled proposition of law laid down by the Apex Court in Pranay Sethi's case (supra), and Smt. Sarla Verma's case (supra) and Smt. Anjali and others v. Lokendra Rathod and others, 2023 (1) R.C.R. (Civil) 229 : Law Finder Doc Id #2081014. Claimants are entitled for Rs. 25,000/- as compensation under the head of funeral expenses and Rs.20,000/- towards loss of estate. Loss of consortium is to be awarded to the tune of Rs.48,400/- to each of the claimants/appellants.

For the sake of convenience, amount of compensation assessed and calculated by this Court is reproduced here below in a tabular form:

Sr.

No.

HEADS Compensation awarded by the High Court 1.

Income Rs.5,896 /-per month 2.

Future Prospects 50% 3.

Deduction towards personal 1/3rd expenses 4.

Total Annual Income Rs. 70,752/- 5.

Multiplier 6.

Loss of Dependency Rs. 12,02,784/- 7.

Funeral Expenses Rs.25,000/- 8.

Loss of Estate Rs.20,000/- 9.

Loss of Spousal Consortium nil 10.

Loss of Parental Consortium Rs.48,400/- 11.

Loss of filial Consortium Rs.96,800/- (48,400x2) 12.

Total Compensation to be Paid Rs.13,92,984/-

Thus, keeping in view the aims and object of the beneficial legislation of providing relief to the victims or their families, the total compensation payable to the appellant(s)/claimant(s) is enhanced to Rs.13,92,984/- (Rupees Thirteen Lacs Ninety Two thousand and Nine hundred Eight Four only).

13.

The awarded compensation shall be paid to the claimants/appellants within a period of three months from the date of this order, along with interest at 7.5% per annum from the date of filing of claim petition till the date of payment of compensation to the appellants/claimants, with the same terms, which have been mentioned by Ld. Tribunal. It is further clarified that in case compensation amount due to be paid as on date is not paid within aforementioned stipulated period, same shall be payable to the claimant(s) along with applicable rate of interest @ 9% p.a. And, in case any further delay is caused beyond six months from today, compensation amount payable as on date would be paid to the claimants along with applicable rate of interest @12% p.a. from the date of filing claim application till its realization.

Needless to mention that out of the total payable compensation amount, already paid amount (if any) in compliance to the impugned award would be adjusted.

14.

Therefore, by partly modifying the award, appeal is allowed with the terms indicated here-above.

 