* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 5th March, 2012
+ MAC.APP. 381/2009
NEW INDIA ASS. CO. LTD. ..... Appellant
Through: Mr.D.K.Sharma, Advocate
versus
PREM WATI &ORS. ..... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. This appeal is for reduction of compensation of `20,10,804/- awarded for the death of the Dev Raj in a motor accident which occurred on 13.04.2006.
2. It is urged by the learned counsel for the Appellant that future income of `c 2,50,000/- was assumed by the Claims Tribunal without any basis.
3. I have perused the record.
4. Although the Claims Tribunal relied on Sarla Dixit & Anr. v. Balwant Yadav AIR 1996 SC 1274 but without any basis assumed the MAC APP.381/2009 Page 1 of 3 average future income of the deceased as `2,50,000/-. Since there was gradual increase in the deceased's income, the Respondents (the Claimants) were entitled to 50% increase towards future prospects on the basis of Sarla Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121. Deducting 1/4th towards personal living expenses (considering number of dependants as 6) and adopting a multiplier of 16, the loss of dependency would come to `11,07,000/- (`61500+50%x3/4x16).
5. The Tribunal erred in jointly granting a sum of `25,000/- towards Funeral Expenses and loss of Love and Affection. I would make provision for the same separately and in addition grant a sum of `10,000/- each towards Loss to Estate and Loss of Consortium. The compensation is awarded as under:-
Loss of Dependency : `11,07,000/-
Loss of Love and Affection : `25,000/-
Funeral Expenses : `10,000/-
Loss to Estate : `10,000/-
Loss of Consortium : `10,000/-
___________
Total `11,62,000/-
6. In terms of order dated 10.08.2009 of this Court an amount of `12 lacs (inclusive of interest) was to be deposited as a condition of MAC APP.381/2009 Page 2 of 3 grant of stay of the execution. The Appellant was liable to deposit `11,62,000/- along with interest @ 7.5% per annum from the date of filing of the petition till the date of deposit. The shortfall shall be made by the Appellant/Insurance Company within 30 days.
7. By an order dated 14.10.2009 a sum of `2 lac in all was ordered to be released. It appears that the same has not been released as the Respondents did not come forward. 10% of the awarded amount along with proportionate interest shall be payable to Respondent No.3 and 5% each to Respondents No. 2,4,5 and 6. Rest shall go to the Respondent No.1. The amount payable to Respondents Nos. 4,5 and 6 shall be held in Fixed Deposit till they attain the age of 21 years. The amount payable to Respondents No. 2 and 3 shall be released forthwith. 25% of the amount payable to Respondent No.1 shall be released on deposit. Rest of the amount shall be held in Fixed Deposit for a period of 2 years, 4 years, 6 years and 8 years in equal proportion in UCO Bank, Delhi High Court Branch. The Respondent No.1 and 4 to 6 shall be entitled to payment of monthly interest.
8. The statutory amount of `25,000/- shall be released in favour of the Appellant.
9. The appeal is allowed of in above terms.
(G.P. MITTAL) JUDGE MARCH 05, 2012 mr MAC APP.381/2009 Page 3 of 3