* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 1st February, 2012
+ MAC.APP. 863/2010
MAYA DEVI ..... Appellant
Through: Mr. Amit Kumar Pandey, Adv.
versus
MANJU LAL @ GAJJU & ORS ..... Respondent
Through: Mr. Kanwal Chaudhary, Adv.
for R-3.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. The Appeal is for enhancement of compensation of ` 3,30,346/-
for the death of Promod Kumar who was a bachelor and aged about 23 years at the time of the accident which took place on 07.12.2008.
2. The Motor Accident Claims Tribunal (the Claims Tribunal) by the impugned judgment dated 27.09.2010 took the minimum wages of a Matriculate to compute the loss of dependency and after adding of a sum of `10,000/- towards non-pecuniary heads and awarded a total compensation of ` 3,30,346/-.
3. The Appellant's grievance is that the deceased had obtained a Diploma in Hardware Engineering from Global Computer and MAC APP 863/2010 Page 1 of 3 Education Centre after passing his Matriculation and Intermediate Examination from Board of High School and Intermediate Education, U.P.
4. The learned counsel for the Appellant urges that PW-1 Maya Devi, the deceased's mother's testimony that the deceased was earning `8,000/- per month as a self-employed person had remained unchallenged and there was no reason to reject PW- 1's testimony and the income of ` 8,000/- per month.
5. I tend to agree with the submissions made. In view of PW-1's unchallenged testimony and the Certificate Ex.PW-1/1 to Ex.PW-1/5, the income of `8,000/- per month ought to have been believed by the Claims Tribunal. I, therefore, hold that the deceased's income was established as ` 8,000/- per month.
6. The Appellant (the deceased's mother) was aged about 47 years at the time of the accident. The loss of dependency is recomputed as ` 6,24,000/- (8,000/- - 50% x 12 x 13).
7. The Appellant is further entitled to a sum of `25,000/- towards loss of love and affection, `5,000/- towards loss to estate and ` 5,000/- towards funeral expenses. The total compensation thus comes to ` 6,59,000/-.
8. The compensation is thus enhanced from `3,30,346/- to ` 6,59,000/-. The enhanced compensation of `3,28,654/- shall MAC APP 863/2010 Page 2 of 3 carry interest @ 7.5% per annum from the date of filing of the petition till the date of deposit.
9. Respondent No.3 The New India Assurance Company Limited is directed to deposit the enhanced amount along with the upto date interest within 30 days with UCO Bank, Delhi High Court Branch, New Delhi.
10. On deposit of the amount, 20% of the enhanced amount along with the proportionate interest shall be released immediately to the Appellant and Rest 80% shall be held in four equal fixed deposits for a period of two years, four years, six years and eight years respectively.
11. The Appeal is allowed in above terms. No costs.
(G.P. MITTAL) JUDGE FEBRUARY 01, 2012 vk MAC APP 863/2010 Page 3 of 3