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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP. 976/2013
IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD
..... Appellant
Through: Ms. Suman Bagga, Advocate
alongwith Mr.Pankaj Gupta,
Advocate.
versus
SMT SALOCHNA & ORS ..... Respondents
Through: Mr. S.N. Parashar, Advocate for R- 1
to 4.
CORAM:
HON'BLE MS. JUSTICE DEEPA SHARMA
ORDER
% 09.05.2014
1. Vide award dated 12th August, 2013, the learned tribunal had awarded the sum of Rs. 38,95,020/- to the LR's of the deceased Rohitash Khairwa as compensation. The appellant has come before this court for the reduction of the awarded amount.
2. In this case, the findings of the tribunal that the accident had taken place due to rash and negligent driving on the part of the offending vehicle has not been challenged, and therefore, this finding of the learned tribunal has attained finality.
3. The brief facts of the case are that on 27.07.2011, Rohitash Khairwa who was Constable in CISF and was aged 40 years was travelling in the TSR no. DL-1RG-9975 alongwith his co-staff. At about 6.40 pm on that day, when he reached in front of Gate No.1 of National Stadium, Outer Circle India Gate and stopped the TSR and was in the process of deboarding the TSR, in the meantime, another TSR no. DL-1RL-5362 came at a high speed and hit the stationary TSR in which Rohitash Khairwa was travelling. As a result, the deceased fell down and sustained multiple injuries and was removed to RML hospital by the PCR van and he succumbed to the injuries on 30th July, 2011.
4. The tribunal has calculated the total salary of the deceased as under:
Basic Pay : Rs. 9460/- Grade Pay: : Rs. 2800/- DA : Rs. 6235/- Conveyance : Rs. 2416/-
The total wages of the deceased was taken as Rs. 20,911/- for calculation of loss of dependency.
5. It is contended on behalf of the appellant that the learned tribunal has wrongly included the conveyance allowance of Rs. 2416/- as part of the salary for the assessment of the loss of dependency. It is submitted that the conveyance allowance was not meant for the benefit of his family but it was a sort of reimbursement for the expenses, the deceased was incurring on the conveyance.
6. Learned counsel for the respondent has contended that the learned tribunal has rightly added the conveyance allowance in the total salary for calculating the loss of dependency.
7. I have given thoughtful consideration to the rival contentions and hold as under:-
It is a settled law that while calculating the income of the deceased for the purpose of calculating the loss of dependency, all the perks, the deceased was receiving and which are meant for the benefit of the whole family are required to be added. There is no doubt that the conveyance is granted to an employee as part of reimbursement to the expenses which he incurs during the course of his employment and it is not meant as a perk for the benefit of the family. Addition of the conveyance allowance into the salary meant for assessing the loss of dependency is therefore not as per the law.
The salary of the deceased for calculation of the loss of dependency thus is :-
Rs. 20911 - Rs. 2416 = to Rs. 18495/-.
There is no other dispute to the calculation of loss of dependency. Total salary Rs. 18495 + 30% of 18495/- =Rs 24043.5/- The personal and living expenses of the deceased Rs. 24043.5/- X 1/4th = Rs. 6010.8/-
Total salary available for calculating loss of dependency Rs. 24043.5 - Rs. 6010.8= Rs. 18032.7/-
rounded to Rs. 18033/- per month.
Total loss of dependency Rs. 18033/- X 12 X 15 = Rs. 3245940/-.
8. It is argued on behalf of the respondent that the learned tribunal has not granted any expenses towards loss of Estate.
9. An amount of Rs. 10,000/- is awarded towards loss of Estate of the deceased.
10. The total compensation awarded to the LR's of the deceased respondent is as under:-
Loss of dependency : Rs. 32,45,940/-
Funeral expenses : Rs. 25,000/-
Loss of care and guidance to minor
Children : Rs. 1,00,000/-
Loss of consortium : Rs. 1,00,000/-
Loss of Estate : Rs. 10,000/-
Total : Rs. 34,80,940/-
11. The compensation is awarded alongwith interest of Rs. 9% per annum from the date of petition till its realisation.
12. 10% of the awarded amount shall be released to the mother of the deceased, 40% shall be released to the widow of the deceased out of which 15% be kept in FD for 5 years. 25% shall be released in the name of each of the minor children and the same shall be kept in FD till they attain majority. However, the mother of the minor children can utilize the said amount for the welfare of the children with permission of the court.
13. The statutory amount deposited by petitioner shall be released to him.
14. It is submitted that the entire amount awarded by tribunal already stands deposited with the Registrar General. The balance amount, if any, shall be deposited with the Registrar General which shall be released to the claimants as per direction.
15. With these directions, the appeal stands disposed of.
DEEPA SHARMA, J MAY 09, 2014 sapna