Promilla Jain & Ors v. Ramesh & Ors

V. B. GUPTA, J. April 28, 2008 Bisht

* HIGH COURT OF DELHI : NEW DELHI MAC. Appeal No. 250 OF 2008 % Judgment reserved on: 22nd April, 2008 Judgment delivered on: 28th April, 2008 1.Smt. Promilla Jain W/o late Sh.Rajesh Kumar Jain 2.Sh.Rajat Kumar s/o late Sh.RajeshKumar Jain 3.Mrs.Shikha w/o Sh.Saurav Kumar Aggarwal 4.Ms.Shivani Aggarwal d/o late Sh.Rajesh Kumar Jain 5.Ms.Saloni d/o late Sh.Rajesh Kumar Jain All residents of 4785, Gali Mohar Singh Jat, Ahata Kidar, Pahari Dheeraj, Delhi …..Appellants Through: Ms.Pooja Goel, Adv. Versus 1.Ramesh s/o Sh.Lala Ram r/o B-241 A, Mange Ram Park, Pooth Kalan, Delhi -110041. 2.Mrs. Krishna w/o Sh.J.S.Chitola, r/o L-469, J.J.Colony, Wazirpur, Delhi-110052. 3.United India Insurance Company Ltd. Kanchanjunga Building, Barakhamba Road, New Delhi. ..…Respondents Through: Nemo. Coram: HON'BLE MR. JUSTICE V.B. GUPTA 1. Whether the Reporters of local papers may be allowed to see the judgment? Yes 2. To be referred to Reporter or not? Yes 3. Whether the judgment should be reported in the Digest? Yes V.B.Gupta, J. The present appeal has been filed by the appellants against the impugned order dated 21-11-07 passed by Ms. Swarn Kanta Mehra, Judge, Motor Accident Claims Tribunal (for short as "Tribunal"), Delhi in suit no. 398 of 2005, seeking enhancement of the compensation for the untimely death of Sh. Rajesh Kumar Jain to Rs.15,00,000/- with costs and interest. 2. The brief facts of this case are that on 12.11.06 at about 5.30 p.m., the deceased Rajesh Kumar Jain was crossing Desh Bandhu Gupta Road, when the offending bus bearing no. DL IPA 7498 being driven by the respondent no. 1 in a rash and negligent manner came from the side of Karol Bagh Terminal and hit the deceased, as a result, the deceased fell on the road and was crushed by the said offending vehicle and died at the spot. Respondent no. 1 was arrested by the police at the spot itself. 3. Vide impugned judgment, the Tribunal awarded a sum of Rs.5,18,000/- along with interest @ 6% p.a. as compensation to the appellants from the date of filing of the petition till the date of realization. 4. Aggrieved thereby, the appellants filed the present appeal before this Court. 5. The principal question that arises for determination in this appeal is as to "Whether the compensation awarded by the learned Tribunal is just or not?" 6. It has been contended by Learned Counsel for the appellants that the Tribunal erred in applying the multiplier of 13 years and it ought to have adopted a multiplier of 24 years for arriving at the economic loss suffered by the appellants in the sudden death of the deceased. The deceased was under regular employment and his income tends to increase in near future. The Tribunal has failed to consider the increase in earnings of the deceased and the fact that the value of rupee denunciating due to high rates of inflation. No compensation was allowed on account of loss of consortium. Further, the Tribunal has awarded the rate of interest at very low rate. It ought to have been awarded the interest @ 18% p.a. instead of 6%. 7. It is well established before the tribunal by the testimony of PW-3 considered along with the other documents i.e. the charge sheet and FIR registered in this case Ex.PW-4/A and the postmortem report, that deceased Sh. Rajesh Kumar Jain died on 12-11-06 in roadside accident due to rash and negligent driving of the vehicle no. DL IPA 7498 by respondent no.1. 8. As per statement of Petitioner no.3 who is wife of deceased, the deceased was born on 05.05.60. The accident has taken place on 12.11.06. So, at that time deceased was 46 years. Now coming to the monthly income of the deceased, he was employed with Swami Ram Tirath Mission, Delhi as Peon-cum-Dispensary Attendant and as per last pay certificate, his salary was Rs. 4,500/- per month. 9. The Tribunal took the monthly salary of deceased as Rs.4,500/- and considering the age of deceased as 46 years, applied a multiplier of 13 and deducted 1/3 expenses of the deceased and arrived at th