Debta Devi, Wife of Late Daya Nath Thakur Dayalu v. Rupesh Kumar

The relevant admitted facts of the case is that the deceased, namely, Daya Nath Thakur Dayalu was a government servant working in the office of A.G.I. (Movement), Food Corporation of India at Samastipur and on duty while checking the wagons, he was crushed to death. Patna High Court MA No.198 of 2005 (18) dt.07-02-2013 2 The Claim Tribunal based on remaining periods of his service etc. assessed the total compensation worth Rs. 5,25,436/-. The relevant portion of the order reads as such:- “Monthly pay of Daya Nath Thakur „Dayalu‟ (Deceased) Rs. 16442 x 12 = 1,97,304. Age of Daya Nath Thakur „Dayalu‟ on the date of his death due to accident on 21.6.02 as per date of his birth i.e. 3.12.1946 ---- Approximately 55 ½ years. He was employee of the Central Government and as such, he was to retire on completion of 60 years of age i.e. 3.12.2005, meaning thereby he would have received salary for about 4 ½ years. Thus, income in hand after deduction of Income Tax for four years 1,73114 x 4 = 6,92456/-. Income for six months Rs. 98662/- and approximate income tax payable Rs. 8730/-. Thus, in hand Rs. 89922. Total income in hand 6,92,656 - 8992 = 7,01448. 1/3rd of the income to be deducted from the total income of the deceased for his personal expenses. Thus, the claimants would be entitled to receive for 4 ½ years. I.e., up to his retirement from service Rs. 7,01,448 - Rs. 2,33,816 = Rs. 4,67,632 up to retirement. Now for the rest 3 ½ years after retirement taking approximate full pension in hand Rs.8192/- P.M. Rs.8192 x 3 ½ = 1,47,456/- is to be deducted for personal expenses for the said Daya Nth Thakur „Dayalu‟ (deceased) which comes to Rs.49152/-. Thus the claimants would get Patna High Court MA No.198 of 2005 (18) dt.07-02-2013 3 Rs.1,47,456 – 49,152 = 98,304. Thus total amount of compensation received claimants Rs.4,67,632+98,304 = Rs.5,65,936. The claimants have already received Rs.50,000/- as adinterim compensation. Hence, the amount would be Rs.5,65,936 - Rs. 50,000 = Rs.6,15,936/-. Besides, the aforementioned amount, claimants are also entitled for the following general damages, in addition to compensation as mentioned above: I. Funeral expenses Rs. 2,000/- II. Loss of Consortium (claimant no. 1) is spouse of the said deceased. Rs. 5,000/- III. Loss of Estate Rs. 2500/- Thus the claimants are entitled to get total compensation of Rs.5,15,936+9500 = Rs.5,25,436/- in the facts and circumstances of the present case. The above issues no.3, 4 and 5 are accordingly decided in favour of the claimants as stated above and against the opposite parties”. The main grievance against such award of the claimants-appellants as submitted by learned counsel appearing on their behalf is that the Claim Tribunal has applied fractured multiplier which is not permissible and taking consideration the age of the deceased, who was born on

03.12.1946 and died in an accident occurred on 21.06.2002, so comes in the age group of 51 – 55 instead of 56 – 60 applied by the Claim Tribunal and thus due multiplier is 11 not 8 and from his annual income deducting 1/3rd as personal expenditure and Patna High Court MA No.198 of 2005 (18) dt.07-02-2013 4 tax paid, entitled for a sum of Rs. 1,17,377 x 11 = 12,91,147/- besides 20,000/- as loss of consortium etc. totaling into 13,11,147/-, the amount is in consonance with the decision of the Apex Court reported in the case of “SARLA VERMA (SMT) AND OTHERS Versus DELHI TRANSPORT CORPORATION AND ANOTHER (2009) 6 SCC 121”. On the other hand learned counsel for the respondents while objecting the prayer relied upon the decision of the Apex Court reported in the case of “DIVISIONAL CONTROLLER, KSRTC Versus MAHADEVA SHETTY AND ANOTHER (2003) 7 SCC 197” has submitted that the Claim Tribunal has awarded just compensation and the claimants-appellants cannot be permitted to treat the death of the deceased as a bonanza for huge compensation. Admittedly, the deceased Daya Nath Thakur Dayalu was born on 03.12.1946 and the accident resulting into his death occurred on 21.06.2002 bringing him at the relevant time completing 55 years 6 months and 18 days since, it is more nearer to 56 years, the Claim Tribunal appears to have committed no error in bringing the deceased in the age group of 56 – 60 for choosing the multiplier 8. It is also evident from the LPC (Last Pay Certificate) of the deceased relied upon by the Claim Tribunal as well income tax return, the annual income of the deceased deducting the tax comes to the tune of Rs. 1,76,066/- and since the number of dependants is only three deducting 1/3rd as Patna High Court MA No.198 of 2005 (18) dt.07-02-2013 5 personal expenditure, it comes to the tune of Rs. 1,17,377/- and applying the multiplier 8, it comes to the tune of (1,17,377 x 8) Rs. 9,39,016/-. Besides the above the claimants-appellants are also entitled for Rs. 20,000/- as against funeral expenses, loss of estate and loss of consortium, it comes to (9,39,016 + 20,000) Rs. 9,59,016/-. Taking into consideration the above facts and circumstances, the appeal succeeds with the above modification in the award. Further, the Insurance Company is directed to make the payment to the claimants-appellants within a period of one month. Praveen-II/- (Akhilesh Chandra, J)