Delhi High Court
Rajeev Jaggi & Ors. vs National Inurance Co. Ltd. & Ors. on 19 November, 2009
Author: J.R. Midha
6
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.128/2007
Date of Decision: 19th November, 2009
%
RAJEEV JAGGI & ORS. ..... Appellants
Through : Mr. C. Siddharth, Adv.
versus
NATIONAL INURANCE CO. LTD. & ORS. ..... Respondents
Through : Mr. Mohan Babu Aggarwal,
Adv. for R-1.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may YES
be allowed to see the Judgment?
2. To be referred to the Reporter or not? YES
3. Whether the judgment should be YES
reported in the Digest?
JUDGMENT (Oral)
1. The appellants have challenged the award of the
learned Tribunal whereby compensation of Rs.13,23,000/-
has been awarded to the appellants. The appellants seek
enhancement of the award amount.
2. The accident dated 6th July, 2001 resulted in the death
of Sudesh Jaggi. The deceased was survived by her husband
and two sons who filed the claim petition before the learned
Tribunal.
3. The deceased was aged 46 years at the time of the
accident and was working in the Department of Revenue,
Ministry of Finance, drawing a salary of Rs.12,337/- per
month. The learned Tribunal deducted 1/3rd towards the
personal expenses of the deceased and took the monthly
dependency of the appellant to be Rs.8,158/- and after
applying the multiplier of 13, the loss of dependency was
computed at Rs.12,72,648/-. The learned Tribunal has
awarded Rs.10,000/- towards funeral expenses, Rs.20,000/-
towards loss of love and affection and Rs.20,000/- towards
loss of consortium. The learned Tribunal has awarded total
compensation of Rs.13,23,000/- to the appellants.
4. The learned counsel for the appellants has urged two
grounds at the time of hearing of this appeal:-
(i) The future prospects of the deceased be taken
into consideration.
(iii) The compensation be awarded for loss of estate.
5. It is well settled by the recent judgment of the Hon'ble
Supreme Court in the case of Sarla Verma Vs. Delhi
Transport Corporation, 2009 (6) Scale 129 that the
future prospects of the deceased aged between 40 and 50
years has to be taken by adding 30% of the salary of the
deceased.
6. Following the aforesaid judgment of the Hon'ble
Supreme Court, the future prospects of 30% are taken into
consideration and the income of the deceased for
computation of the compensation is taken to be Rs.16,038/-
(Rs.12,337 + 30% of Rs.12,337).
7. Taking the income of the deceased to be Rs.16,038/-,
loss of dependency is computed to be Rs.16,67,952/-
(Rs.16,038 X 2/3 X 12 X 13).
8. The learned Tribunal has not awarded any
compensation for loss of estate. Rs.10,000/- is awarded
towards loss of estate. The total compensation is computed
to be Rs.17,27,952/- (Rs.16,67,952 + Rs.10,000 + Rs.20,000
+ Rs.20,000 + Rs.10,000).
9. The appeal is allowed and the award amount is
enhanced from Rs.13,23,000/- to Rs.17,27,952/- along with
interest @7.5% per annum from the date of filing of the
petition till realization.
10. The enhanced award amount along with interest be
deposited by respondent No.1 with UCO Bank, Delhi High
Court Branch A/c Rajeev Jaggi by means of a cheque through
Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal,
Parliament Street, New Delhi (Mobile No. 09310356400)
within 30 days.
11. The order with respect to the disbursement of the
award amount shall be passed after examining the
appellants who are directed to remain present in Court on
the next date of hearing.
12. List on 22nd December, 2009.
13. Copy of this order be given 'Dasti' to learned counsel
for both the parties under signature of Court Master.
J.R. MIDHA, J
NOVEMBER 19, 2009
mk
