$-6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 27th March, 2015
+ MAC.APP. 763/2012
SHIVKALA SHARMA ..... Appellant
Through: Ms. Deepa Rai, Adv. with
Mr. Ankit Kumar Gulia, Adv.
versus
MANMOHAN SINGH AND ANR. ..... Respondents
Through: Mr. J.P.N. Shahi, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. This appeal arises out of the judgment dated 28.03.2012 whereby compensation of Rs.2,06,124/- was awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the Appellant for the death of Prashu Ram Sharma, who suffered fatal injuries in a motor vehicular accident which occurred on 11.09.2001.
2. Initially, the Claim Petition under Section 166 of the Motor Vehicles Act, 1988 (the Act) was preferred by the Appellant and widow of the deceased. During the pendency of the proceedings before the Claims Tribunal, the widow had not only re-married but MAC APP.763/2012 Page 1 of 4 had stopped pursuing the Claim Petition.
3. The Claim Petition was converted under Section 163-A of the Act.
The Claims Tribunal took the income of the deceased as per the minimum wages of an unskilled worker as Rs.2592/-, deducted 1/3 towards personal and living expenses and applied a multiplier of 9 as per the age of the mother of the deceased to compute the loss of dependency as Rs.2,79,936/-.
4. It is urged by learned counsel for the Appellant that in a Petition under Section 163-A of the Act, the compensation has to be awarded strictly in accordance with the Second Schedule appended to the Act and the multiplier also has to be adopted as given in the Schedule.
5. Relying on Deepal Girishbhai Soni v. United India Insurance Company Limited, (2004) 5 SCC 385, this Court in New India Assurance Company Limited v. Pitamber & Ors., MAC APP.304/2009, decided on 23.01.2012 had held that the Claimants approaching the Court under Section 163-A of the Act can be awarded compensation only on the basis of structured formula given in the Second Schedule. Thus, the compensation has to be as MAC APP.763/2012 Page 2 of 4 per the Second Schedule appended to the Act, 1988.
6. With regard to the income of the deceased, it is urged that the deceased had left his studies while he was in 10th standard. He was working as a cook and therefore, his income ought to have been taken either of a non-Matriculate or of a skilled worker.
7. In the Claim Petition it was claimed that the deceased was working as a cook. The certificate mark 'A' was also produced with regard to his income. The said certificate, however, was not proved. The Appellant's testimony as PW-2 that the deceased was working as a cook and his skills were appreciated by his employers, were not disputed.
8. In view of this, in my opinion, it would be appropriate to take the income of the deceased as per the Minimum Wages Act which at the time of the accident were Rs.3016/- per month for a skilled person.
9. The loss of dependency will come to Rs. 4,10,176/- (Rs.3016/- x 12 x 2/3 x 17).
10. In addition, the Appellant will be entitled to a sum of Rs.2,000/-
towards funeral expenses and Rs.2,500/- towards loss to estate. MAC APP.763/2012 Page 3 of 4
11. The Appellant will also be further entitled to a sum of Rs.15,000/-
for expenses towards medical treatment as awarded by the Claims Tribunal. The overall compensation comes to Rs.4,29,676/-
12. The compensation is thus enhanced by Rs.2,23,552/-.
13. The enhanced compensation shall carry interest @ 7.5% per annum from the date of filing of the Claim Petition till its payment.
14. Respondent no.2 Insurance Company is directed to deposit the enhanced compensation along with interest in UCO Bank, Delhi High Court Branch, New Delhi within six weeks.
15. 50% of the enhanced compensation shall be released in favour of the Appellant immediately on deposit. Rest 50% shall be held in Fixed Deposit for a period of 2 years and 3 years in equal proportion.
16. The Appeal is allowed in above terms.
17. Pending applications, if any, also stand disposed of.
(G.P. MITTAL) JUDGE MARCH 27, 2015 vk MAC APP.763/2012 Page 4 of 4