Smt. Prakash And Anr. vs Sh. Jagdish Singh And Ors.
2003 Latest Caselaw 1296 Del

Citation : 2003 Latest Caselaw 1296 Del
Judgement Date : 19 November, 2003

Delhi High Court

Smt. Prakash And Anr. vs Sh. Jagdish Singh And Ors. on 19 November, 2003

Equivalent citations: 109 (2004) DLT 148, 2004 (73) DRJ 748

Author: S Mahajan

Bench: S Mahajan

JUDGMENT

S.K. Mahajan, J.

1. The appellant has filed this appeal for enhancement of compensation for the death of their son in a road accident caused by the rash and negligent driving of the offending vehicle being driven by its driver. The only ground urged in the appeal is that the Motor Accident Claims Tribunal while assessing the loss of dependency to the parents has not taken into consideration the future prospects in the life and career of the deceased and the dependency has been taken as 1/4th of the income of the deceased in place of 2/3rd as is normally taken in such cases.

2. The deceased was admittedly earning Rs. 1150/- per month by way of salary from his employer. It is now well-settled that while assessing loss of dependency to the family of the deceased, the Court must take into consideration the future prospects in the life and career of the deceased. Applying, therefore, the principles laid down in Sarla Dixit and another Versus Balwant Yadav and others 1996 ACJ 581 I take the income of the deceased as Rs. 1800/- per month. Deceased in this case was unmarried. With the passage of time, he would have married and looked after his own family. Dependency to the parents, cannot, therefore, be taken as 2/3rd of the income of the deceased. Though, the dependency to the parents has been taken as 1/4th of the income of the deceased, however, in my view the dependency can be taken as 1/3rd of the income of the deceased. With the income of Rs. 1800/- per month, the loss of dependency to the parents would come to Rs. 600/- per month or say Rs. 7200/- per year. Applying the multiplier of 12 as has been done by the Tribunal, the loss of dependency comes to Rs. 86,400/-. Adding to this another sum of Rs. 10,000/- by way of non-pecuniary damages towards loss of estate and funeral expenses etc. the appellants will be entitled to total compensation of Rs. 96,400/-.

3. I, accordingly, allow this appeal, modify the award and direct that the appellants will be entitled to total compensation of Rs. 96,400/-. Appellant will also be entitled to interest on the enhanced compensation @ 9% per annum from the date of the filling of the petition before the Tribunal till its realistaion. With these observations the appeal stands disposed of.