Sarabjeet Kaur & Ors. v. Bhola Singh & Ors.

Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh.S.S. Sidhu, Advocate for the appellants Ms. Anamika Mehra, Advocate for respondent No.3-Insurance company ... K.C. Puri, J. (Oral) This is an appeal directed by widow and three minor daughters of deceased Bhola Singh, claiming compensation on account of death of Bhola Singh in a motor vehicular accident. Learned Tribunal after adjudication, accepted the claim petition and granted an amount of Rs.2,50,000/- to the claimants. The income of the deceased was taken as Rs.2,500/- per month i.e. Rs.30,000/- per annum. 1/3rd amount was deducted on account of personal expenses of the deceased and yearly dependency was taken as Rs.20,000/- per annum. The age of the deceased was taken as 40- 41 years and the multiplier applied by the Tribunal was 12. The amount was calculated as 2,40,000/- (20,000 X 12). An amount of Rs. 10,000/- was granted on account of last rite ceremonies. In this FAO No. 4481 of 2009 -2- manner, the total amount of compensation was calculated as Rs.2,50,000/- Learned counsel for the appellants has submitted that the income of the deceased assessed by the Tribunal is on lower side. The deceased was running a welding shop and his income should be on higher side. He has further contended that age of the deceased was 30 years. This fact was mentioned in the claim petition. The copy of postmortem report also contain the age of deceased as 30 years. The learned Tribunal has assessed the age of the deceased as 40-41 years on the basis of cross-examination of claimant-Sarabjeet Kaur, wherein she has stated that she was married to Bhola Singh 11 years back and at that time her age was 28 years. It is submitted that Sarabjeet Kaur has given her age as 30 years while appearing in the Court, so the age stated by her as 28 years at the time of marriage is wrong on the face of it. So, it is submitted that age of the deceased be taken as 30 years and according to the authority reported as Smt. Sarla Verma and others vs. Delhi Transport Corporation and another 2009(3) RCR (Civil) 77, the cut in respect of personal expenses should be 1/4th and multiplier of 17 should be applied. In reply to the abovesaid submission, counsel for the Insurance company has supported the award. It is submitted that income of the deceased has been rightly assessed as Rs.2,500/- per month. The age of the deceased Bhola Singh has also been taken as 40-41 years according to the testimony of Sarabjeet Kaur. So, prayer has been made for dismissal of the appeal. I have carefully considered the submissions made by both FAO No. 4481 of 2009 -3- the sides and have also gone through the record of the case. The first point required for determination is whether the income of the deceased has been taken correctly as Rs.2,500/- per month. I am of the considered view that even a labourer earns Rs.100/- per days. So, the income of the deceased is taken as Rs.3,000/- per month. Now, the 2nd question for determination is whether the age of the deceased should be taken as 30 years or 40-41 years. In this regard, the evidence on the file has to be re-appreciated. In the claim petition, the age of the deceased has been mentioned as 30 years. Sarabjeet Kaur, while appearing as her own witness in her examination-in-chief in the form of affidavit stated the age of deceased Bhola Singh as 30 years. She herself has given her age as 30 years. Another evidence produced on the file is the copy of postmortem report, in which the age of the deceased has been taken as 30 years. The learned Tribunal has assessed the age of the deceased as 40-41 years as Sarabjeet Kaur in the cross-examination has stated that she was married to Bhola Singh 11 years back and at that time her age was 28 years. So, by adding that 11 years in 28, the age of the deceased was taken as 40-41 years. One another important piece of evidence in the present case regarding the age of the deceased is the age recorded in the postmortem report. At the time of recording the age in the postmortem report, normally the legal heirs do not anticipate the filing of claim petition unless there is any expert advice at that time available to them. There is nothing on the file that there was any FAO No. 4481 of 2009 -4- expert advice available to the claimants to record the age of the deceased as 30 years. So, the age of the deceased is taken as above 30 years, as Sarabjeet Kaur has stated her age as 30 years while appearing. So, the multiplier applicable at the age of 31 to 35 years as per Smt. Sarla Verma 's case (Supra), is 16. The income of the deceases is taken as Rs.3,000/- per month. The dependency of the claimants after applying the cut of 1/4th is calculated as 2,250/- per month. The yearly dependency comes to Rs.27,000/- (2250 X12). The multiplier applicable at the age of deceased is 16. So, the amount is calculated as Rs.4,32,000/- (27,000 X 16). Another amount of Rs.10,000/- has been allowed by the Tribunal for last rite ceremonies. That amount is also upheld. In this manner, the claimants are held entitled to claim Rs.4,42,000/-. The enhanced amount of Rs.1,92,000/- (4,42,000 – 2,50,000), shall carry interest @ 7% per annum from the date of filing of appeal till payment. Out of the said enhanced amount Rs. 1 lac shall be paid to the widow as she has to spend whole of her life on the earning of her husband. The remaining amount is ordered to be paid to the remaining three claimants in equal share. That amount shall be deposited in the shape of FDR in such a manner that minors shall get the maximum rate of interest. The liability to pay the enhanced amount shall be the same as held by the Tribunal. The appeal stands disposed of.

19.3.2010 ( K.C. Puri ) Judge