MAC.APP./107/2010 of ANITA JAIN & ORS Vs SANJAY & ORS
Parties
- ANITA JAIN & ORS (PETITIONER)
- SANJAY & ORS (RESPONDENT)
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 24.08.2011
+ MAC APPEAL No.107/2010
ANITA JAIN & ORS.
………..Appellants
Through: Mr.Arun Srivastva, Advocate.
Versus
SANJAY & ORS.
Through: None.
……….Respondents
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
1.Whether the Reporters of local papers may be allowed to see the judgment? see the judgment?
2.To be referred to the Reporter or not?
Yes
3.Whether the judgment should be reported in the Digest? Yes Yes
INDERMEET KAUR, J. (Oral)
1. The Award impugned is the Award dated 19.3.2008 vide which compensation in the sum of `5,44,000/- had been awarded in favour of the claimant qua the death of deceased Ankur Jain. The accident had taken place on 21.12.2006 when Ankur Jain along with his father Arihant Jain were going to Rana Pratap Bagh
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on their scooter; they were hit by tempo. Arihant Jain sustained serious injuries and Ankur Jain succumbed to his injuries. Claim petition was filed qua both the death of Ankur Jain as also for the injuries sustained by Arihant Jain. The subject matter of the appeal in the present proceedings is the claim of compensation of `5,44,000/- which had been awarded in favour of the legal representatives of Ankur Jain/claimant.
2. The appellant is aggrieved by the multiplier which has been awarded in this case. Deceased Anjur Jain was 22 years of age; his mother Anita Jain was aged around 46 years on the date of the accident as is evident from the record. Keeping in view the ratio of the judgment reported in 2009 (6) Scale 129 Sarla Verma & Ors. Vs. Delhi Transport Corporation & Anr. learned counsel for the petitioner submits that the multiplier of 13 should have been applied and not multiplier of 8 as has been resorted to by the Tribunal. This submission has force. The income of the deceased after deduction had been calculated at `5,250/- per month; this was after taking of the average of the income tax returns which have been filed by him. Annual income of the deceased was calculated at `63,000/-. This figure had been arrived at after deducting 50% on account of personal expenses of the deceased
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as he was bachelor. In view of the ratio of the judgment of Sarla Verma (supra) applying the multiplier of 13 to the annual income of `63,000/-, the modified amount under the head of loss of dependency would read as :
`63000/- x 13= `8,19,000/- .
3 The sum of `10,000/- awarded under funeral expenses, the sum of `30,000/- towards loss of love and affection remains unchanged. The total amount awarded would now read as:
`8,19,000/- + `40,000/- =`8,59,000/- it will carry interest @ 7% per annum in terms of the relief already granted by the Tribunal. The sum of `50,000/- already paid as interim compensation stands deducted. The modified awarded amount would be `8,59,000/- - `50,000/- = `8,09,000/-.
4 There is no other challenge to the Award.
5 Appeal is disposed of in the above terms.
AUGUST 24, 2011 nandan
INDERMEET KAUR, J.
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