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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: November 30, 2011
+ MAC.APP. 860/2010
DIGAMBER PRASAD JAIN & ANR ..... Appellants
Through Mr. Anil Kumar Chunduru, Advocate
versus
TANVEER AHMED & ORS ..... Respondents
Through Mr. Kanwal Chaudhary, Advocate for respondent
No.3.
CORAM:
HON'BLE MR. JUSTICE G.P. MITTAL
% JUDGMENT
G. P. MITTAL, J. (ORAL)
1. Appellants are the parents of the deceased Deepak Jain, who lost his life in a motor accident which took place on 01.08.2006. On the basis of the salary slip Ex.PW3/A, the Tribunal after taking the salary of the last eight months opined the average income of the deceased to be `6040/- per month for which he was working with M/s. Talent Maximus Pvt. Ltd., deducted 50% towards the personal expenses, applied multiplier of 11 according to the age of the deceased's mother and calculated the dependency as `3,98,640/-.
2. It is urged by the learned counsel for the Appellant that the deceased was just at the threshold of his career. He had done "O" Level computer course and was pursuing M.A. in Hindi along with the job and, therefore, his future prospects ought to have been considered by the Tribunal making an addition of 50% to the income. It is also submitted that the amount MAC App. No.860/2010 Page 1 of 2 awarded towards loss of love and affection was on the lower side.
3. It was held in Sarla Verma & Ors.v. Delhi Transport Corporation, (2009) 6 SCC 121 that future prospects have to be considered where the deceased was in stable employment. In this case, the deceased was working as a Sales Executive and his salary was on month to month basis. Though, it showed an upward trend, but still the Tribunal took the average salary for the last eight months. The fact that the deceased was pursing M.A. in Hindi could not come in better prospects in the job which he was doing. In the circumstances, Appellants are not entitled to any loss of dependency on account of future prospects.
4. Amount of `10,000/- awarded towards loss of love and affection was on the lower side is enhanced to `25,000/-. The enhanced amount of `15,000/-shall carry interest of 7.5% per annum from the date of filing the Appeal till the payment. The respondent No.3 New India Assurance Company Ltd. is directed to deposit the amount with the Registrar General of this Court within six weeks which shall be released to Appellant No.2 immediately.
5. The Appeal is allowed as indicated above. No costs.
G.P. MITTAL, J.
NOVEMBER 30, 2011 pst MAC App. No.860/2010 Page 2 of 2