B.C. Mishra & Ors. vs Yameen & Ors.

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                           Decided on: 25th January, 2012
+       MAC.APP. 956/2011

        B.C. MISHRA & ORS.                  ..... Appellants
                       Through:        Mr. Navneet Goyal, Adv. with
                                       Ms. Suman N. Rawat, Adv.
                    versus

        YAMEEN & ORS.                    ..... Respondents
                     Through:          Mr. A.K.Soni, 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 for the death of Ashutosh Mishra who was aged about 26 years at the time of the accident. The Motor Accident Claims Tribunal (the Claims Tribunal) by the impugned judgment dated 29.07.2011 granted a compensation of ` 26,25,400/-.

2. The Appellant's grievance is that for the purpose of computation of loss of dependency, all perquisites paid to the deceased like HRA, professional charges, medical reimbursement, bonus, etc. should have been taken into consideration. Reliance is placed on National Insurance Company Limited v. Indira Srivastava, (2008) 2 SCC 763.

3. In Indira Srivastava (supra) it was held that for the purpose of computation of the loss of dependency not only take home salary but also other allowances and perks which would have benefited the entire family and prospective loss of future earning is to be considered.

4. I am in agreement with the contention raised on behalf of the Appellants. As per the Salary Certificate Ex.PW-5/H, except for the conveyance charges of `10,800/- the entire salary was for the benefit of the deceased and his family. The deceased's income therefore, should have been considered as ` 3,39,200/- (` 3,50,000/- - 10,800/-) as against ` 2,26,800/- per annum as considered by the Tribunal. Since the deceased was in the job just for a few months and in the absence of any evidence as to the future prospects, the Appellants would not be entitled to any future prospects.

5. On an income of ` 3,39,200/- there would be liability of income tax amounting to `44,000/- for the Assessment Year 2008-09. The annual income of the deceased comes to `2,95,200/- (` 3,39,200/- - 44,000/-).

6. The loss of dependency comes to ` 33,45,600/- (2,95,200/- - 1/3 x 17).

7. Normally, the Claims Tribunal and Courts award compensation of `25,000/- towards the loss of love and affection. The Supreme Court in Sunil Sharma v. Bachitar Singh (2011) 11 SCC 425 and in Baby Radhika Gupta v. Oriental Insurance Company Limited (2009) 17 SCC 627 granted only ` 25,000/- (in total to all the claimants) under the head of loss of love and affection.

8. Thus, the amount of `30,000/- awarded under loss of love and affection needs to be reduced to ` 25,000/-. Funeral expenses is enhanced to `10,000/- from `5,000/- granted by the Tribunal.

9. The compensation is reassessed as under:-

         1.        Loss of Dependency                          ` 33,45,600/-

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

         3.        Loss of Estate                                   ` 10,000/-

         4.        Loss of consortium                               ` 10,000/-

         4.        Funeral Expenses & Transportation                ` 10,000/-
                   Charges

                                                  Total       ` 34,00,600/-

10. The overall compensation is enhanced from ` 26,25,400/- to ` 34,00,600/-. The enhanced amount of `7,75,200/- shall carry interest @ 7.5 % per annum from the date of the filing of the petition till the date of payment.

11. Respondent No.3 Reliance General Insurance Company Limited is directed to deposit the enhanced amount along with the upto date interest within 30 days with the Registrar General of this Court, which shall be payable to the both the Appellants and Respondent No.4 (widow of the deceased) in the same proportionate as granted by the Tribunal.

12. The amount so deposited shall be held in fixed deposits for a period of three years with UCO Bank, Delhi High Court Branch, New Delhi.

13. The Appeal is allowed in above terms.

14. Pending applications also stand disposed of.

(G.P. MITTAL) JUDGE JANUARY 25, 2012 vk MAC APP 956/2011 Page 4 of 4