Sarla Verma & Ors vs Delhi Transport Corp.& Anr

CIVIL APPEAL NO 3483 OF 2008

Appellants- Smt. Sarla Verma & Ors.

Respondents- Delhi Transport Corporation & Anr.

Date- 15 April, 2009

Facts of case

Rajinder Prakash died on account of injuries sustained in a motor accident which occurred on 18.4.1988 involving a bus bearing No.DLP 829 belonging to the Delhi Transport Corporation. At the time of the accident and untimely death, the deceased was aged 38 years, and was working as a Scientist in the Indian Council of Agricultural Research on a monthly salary of Rs.3402/- and other benefits. His widow, three minor children, parents and grandfather (who is no more) filed a claim for Rs.16 lakhs before the Motor Accidents Claims Tribunal, New Delhi. An officer of ICAR, examined as PW-4, gave evidence that the age of retirement in the service of ICAR was 60 years and the salary received by the deceased at the time of his death was Rs.4004/- per month. Tribunal apportioned the balance compensation among the claimants, that is, Rs.3,00,000/- to the widow, Rs.75000/- to each of the two daughters, Rs.50000/- to the son, Rs.19000/- to the grandfather and Rs.30000/- to each of the parents. Dissatisfied with the quantum of compensation, the appellants filed an appeal. Thus, it disposed of the appeal by increasing the compensation by Rs.1,25,624/- with interest at the rate of 6% P.A. from the date of claim petition. Not being satisfied with the said increase, the appellants have filed appeal at Supreme court.

Issues raised

  • Whether the future prospects can be taken into account for determining the income of the deceased? If so, whether pay revisions that occurred during the pendency of the claim proceedings or appeals therefrom should be taken into account?
  • Whether the deduction towards personal and living expenses of the deceased should be less than one-fourth (1/4th) as contended by the appellants, or should be one-third (1/3rd) as contended by the respondents?
  • Whether the High Court erred in taking the multiplier as 13?
  • What should be the compensation?

Laws Involved

  • Section 163A in The Motor Vehicles Act, 1988
  • Section 166 in The Motor Vehicles Act, 1988
  • Section 24 in The Motor Vehicles Act, 1988

Decision by SC

Court laid down the guidelines for assessing the amount of compensation to be paid by the offender to the accident victims who are self-employed, or have fixed salary, or have a permanent salary.

  • If the age of the deceased was between 40-50 of age and had a permanent job then the addition of 50% of his actual salary was to be made
  • If the deceased was above 50 years, then there would be no addition
  • If the deceased had a fixed salary or was self-employed then his actual salary at the time of his death was to be considered.

The appellants were entitled to the said sum of Rs.165,246/- in addition to what is already awarded, with interest at the rate of 6% per annum from the date of petition till the date of realization. The increase in compensation awarded by us shall be taken by the widow exclusively.

Parties to bear respective costs.

Ratio Decidendi:

“Where the deceased was self-employed or was on a fixed salary, the courts will usually take only the actual income at the time of death and a departure therefrom should be made only in rare and exceptional cases involving special circumstances.”

“The percentage of deduction on account of personal and living expenses can certainly vary with reference to the number of dependant members in the family, however, the personal living expenses of the deceased need not exactly correspond to the number of dependants.”

Leave a Reply

Tru Boost Keto Gummies
Advocates Articles

Tru Boost Keto Gummies

➢ Product Name ⮞ Tru Boost Keto Gummies ➢ Benefits ⮞ Weight Loss ➢ Composition ⮞ Natural ➢ Side-Effects ⮞ NA ➢ Rating: ★★★★★ ➢ More Info ⇒ Click Here To Go On Official Website ➢ Where to Buy – https://www.parazolcaj.com/boa ✅Click Here To Visit – “OFFICIAL WEBSITE”✅ ✅Click Here To Visit – “OFFICIAL WEBSITE”✅ ✅Click Here To Visit – “OFFICIAL WEBSITE”✅ For what reason are Tru Boost Keto Gummies more prevalent than other weight […]

Read More
Articles

Skincell Advanced #1 Premium Fast Acting Liquid Solution To Remove Moles | Skin Tags Anywhere From Body[REAL OR HOAX]

Skincell Advanced • Product Name – Skincell Advanced • Side Effects – No Side Effects (100% Natural) • Main Benefits – Remove Moles And Pesky Skin Tags • Category – Skin Tag Remover Serum • Results – In 1-2 Months • Availability – Online • Customer Reviews – 5/5 • Price – Visit Official Website […]

Read More
Articles

LeanBiome – Shocking Reviews, Uses, Benefits And 21 Days Results?

Leanbiome promises a clean stomach and a healthy body. Constipation will disappear once you begin to use it. There are several natural ways to treat constipation that you may not have realized. There are many ineffective and cheap remedies. Leanbiome is our solution. We are here to help you with your constipation. Leanbiome is a term you may have heard […]

Read More