* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 18th December, 2012
+ MAC. APP. 1291/2012
ORIENTAL INSURANCE CO. LTD. .... Appellant
Through: Mr.Pradeep Gaur, Advocate.
Versus
SMT.VANDANA SHUKLA & ORS. ..... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL) C.M. APPL No.21089/2012(Exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.
MAC. APP. 1291/2012
1. The Appellant Insurance Company seeks reduction of compensation of ` 9,06,970/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of Respondents No.1 and 2, parents of deceased Priyanka Shukla who died in a motor vehicle accident which occurred on 14.11.2011.
2. The deceased was a student of 11th standard. The Claims Tribunal took the Minimum Wages of a Matriculate; made an addition of 30% on the basis of the judgment of the Supreme Court in Santosh Devi v. National Insurance Company Ltd. & Ors., 2012 (4) SCALE 559; deducted 50% towards the personal and living expenses and applied a multiplier of 15 MAC. APP. No.1291/2012 Page 1 of 2 (as per age of the mother of the deceased) to compute the loss of dependency as ` 8,66,970/-
3. The Claims Tribunal further awarded a sum of ` 25,000/- towards loss of love and affection, ` 10,000/- towards loss to estate and ` 5,000/- towards funeral expenses.
4. It is urged by the learned counsel for the Appellant Insurance Company that at the time of the accident the deceased was not in actual employment, therefore, Minimum Wages of a Matriculate should not have been taken to award the loss of dependency.
5. I would not agree with the learned counsel for the Appellant Insurance Company. Deceased Priyanka Shukla already possessed the requisite qualification, that is, she was studying in 11th standard and the compensation was awarded on the basis of the Minimum Wages of a Matriculate. It is well settled that even the potential income of the deceased Priyanka Shukla can be taken into consideration to award the loss of dependency (See Haji Zainullah Khan (Dead) by Lrs. v. Nagar Mahapalika, Allahabad, 1994 (5) SCC 667 and Ganga Devi & Ors. v. New India Assurance Co. Ltd. & Ors., MAC APP. 359/2008).
6. The award of compensation of ` 9,06,970/- is inconsonance with the settled law.
7. The Appeal is devoid of any merit; the same is accordingly dismissed.
8. Statutory amount of `25,000/-, if any, shall be refunded to the Appellant Insurance Company.
9. Pending Applications stand disposed of.
(G.P. MITTAL) JUDGE DECEMBER 18, 2012/v MAC. APP. No.1291/2012 Page 2 of 2