Babita Devi & Ors. vs Hari Lal & Ors.

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                  Date of decision: 9th February, 2012
+       MAC.APP. 85/2011

        BABITA DEVI & ORS.                   ..... Appellants
                      Through:        Mr.Manish Maini, Advocate

                     versus

        HARI LAL & ORS.                  ..... Respondents
                      Through:        Mr.Kanwal Choudhary and
                                      Mr.Gunjan Chowksey,
                                      Advocates
        CORAM:
        HON'BLE MR. JUSTICE G.P.MITTAL

                              JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appellants seek enhancement of compensation of `9,11,450/- awarded for the death of Bhogender Kamti, who died in a motor accident which occurred on 21.07.2010. The deceased was aged 37 years, was working as a Plant Operator in Rishabh & Co. Pvt. Ltd., Lawrence Road, Industrial area, New Delhi w.e.f. 01.04.1998 and was getting a salary of Rs.6,200/- per month.

2. By the impugned order the Tribunal accepted the deceased's salary to be `6,270/-, deducted 1/4th towards personal living expenses, and according to the age of the deceased being 37 MAC APP 85/2011 Page 1 of 4 years, the loss of dependency applying the multiplier of '15' was computed as `8,46,450/-.

3. It is urged by the learned counsel for the Appellant that the deceased was in a permanent employment as per the certificate issued by the deceased's employer Bhogender Kamti who was working with Rishabh & Co. Pvt. Ltd. for the last 12 years. Thus 50% increase should have been given towards future prospects in view of Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121.

4. On the other hand, it is urged by the learned counsel for the Respondent Insurance Company that a sum of `40,000/- was awarded towards the loss of love and affection where normally a conventional sum of ` 25,000/- is awarded under this head.

5. I have considered the contentions raised on behalf of the parties.

Since the deceased was in a permanent employment working as a Plant Operator in Rishabh & Co. Pvt. Ltd. w.e.f. 01.04.1998, the Appellants were entitled to the benefit of future prospects to the extent of 50% of the deceased's income. The amount of compensation of `40,000/- awarded towards the loss of love and affection has to be restricted to `25,000/- in view of the judgment of the Supreme Court in Radhika Gupta & Others v. Oriental Insurance Company Limited, 2010 ACJ 758.

6. The compensation is to be re-computed as under:-

Sl.No. Compensation under various Awarded by this Heads Court

1. Loss of Dependency ` 12,69,675/-

(6270/- + 50% x 3/4 x 12 x 15)

2. Loss of Love and Affection `25,000/-

        3.        Funeral Expenses                            `5000/-

        4.        Loss of Consortium                        `10,000/-

        5.        Loss to Estate                            `10,000/-
                                             TOTAL       `13,19,675/-

7. The Overall compensation is enhanced from `9,11450/- to `13,19,675/-. The enhanced compensation of `13,19,675/- shall carry interest @ 7.5% per annum from the date of filing of the petition till the date of payment.

8. 15% of the enhanced compensation shall be payable to Appellants No 2,3 and 4 along with proportionate interest which shall be held in a fixed deposit till they attain the age of 21 years. Rest of the compensation shall be given to the Appellant No.1. 20% of the compensation paid to her (Appellant No.1) shall be released/held in a fixed deposit for 2 years, 4 years, 6 years and 8 years respectively in UCO Bank, Delhi High Court, Branch, New Delhi.

9. The enhanced amount shall be deposited within 30 days with the Registrar General of this Court.

10. The Appeal is allowed in above terms.

11. No costs.

12. Pending applications also stand disposed of.

(G.P. MITTAL) JUDGE FEBRUARY 09, 2012 mr MAC APP 85/2011 Page 4 of 4