Delhi High Court
National Insurance Co. Ltd. vs Kavita Chopra And Ors. on 8 March, 2010
Author: J.R. Midha
32
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.2/2009
Date of Decision:8th March, 2010
%
NATIONAL INSURANCE CO. LTD. ..... Appellant
Through Mr. L.K. Tyagi, Adv.
versus
KAVITA CHOPRA AND ORS. ..... Respondents
Through Mr. Mohit Gupta, Adv. for
R-1 to 3 and 5.
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 appellant has challenged the award of the learned
Tribunal whereby the compensation of Rs.30,37,532/- has
been awarded to claimants/respondents No.1 to 4.
Claimants/respondents No.1 to 4 have filed cross-objections
seeking enhancement of the award amount.
2. The accident dated 19th April, 2007 resulted in the
death Kapil Chopra. The deceased was survived by his
widow, minor daughter and parents who filed the claim
petition before the Claims Tribunal.
3. The deceased was aged 31 years at the time of the
accident and was working as a Deputy Manager with Agility
Logistics Pvt. Ltd. earning Rs.45,000/- per month. The
learned Tribunal took the income of the deceased as
Rs.19,245/-, added 50% towards future prospects, deducted
1/3rd towards his personal expenses and applied the
multiplier of 13 to compute the loss of dependency at
Rs.30,02,532/-. Rs.10,000/- has been awarded towards
funeral expenses and Rs.25,000/- towards loss of love and
affection. The total compensation awarded is Rs.30,37,532/-.
4. The learned counsel for the appellant has urged the
following grounds at the time of hearing of this appeal:-
(i) The deceased was contributory negligent and,
therefore, the compensation should be
proportionately reduced due to the contributory
negligence of the deceased.
(ii) The future prospects of the deceased should not
be taken into consideration.
(iii) The recovery rights be granted to the appellant as
the owner of the truck was not holding a valid
permit at the time of accident.
5. The learned counsel for claimants/respondents No. 1
to 4 has urged the following grounds at the time of hearing
of this appeal:-
(i) The income of the deceased be taken as
Rs.45,000/- per month.
(ii) The personal expenses of the deceased be
reduced from 1/3rd to 1/4th.
(iii) The multiplier be enhanced from 13 to 16.
(iv) The compensation be awarded for loss of
consortium and loss of estate.
6. With respect to the ground of contributory negligence
of the appellant, it is noted that accident occurred on 19th
April, 2007 at Gurgaon - Faridabad road at about 5.30am.
The deceased was driving a Santro Car bearing
No.DL-4C-AG-0296 which had head-on collision with Truck
No.HR-38A-2059 on Ghata Raod, near Village Katgandhi
resulting in the death of the deceased. Raj Sinha, the eye
witness of the accident appeared as PW-2 and deposed that
the accident occurred due to rash and negligent driving of
the truck. PW-2 deposed that there was no divider in
between the road. PW-2 further deposed that the car of the
deceased was on the correct side of the road and the truck
came on the wrong side and hit the car. The certified copy of
the site plan and photographs Ex.PW1/2 to Ex.PW1/4 also
confirm that the car was on the correct side of the road
whereas the truck was on the wrong side. Considering that
there was head-on collision on an empty road in the early
morning hour and driver can see the vehicle coming from the
opposite direction, the negligence of the deceased is held to
be 20%. The deceased could have avoided the accident by
being careful. The finding of the learned Tribunal in this
regard is modified to the above extent.
7. The deceased was working with M/s Agility Logistics
Pvt. Ltd. as Deputy Manager drawing a salary of Rs.45,000/-.
The widow of the deceased appeared in the witness box as
PW-1 and proved the appointment letter Ex.PW1/9. PW-1
further deposed that the deceased after completing his
graduation and three years Aptech Computer Course, worked
at an annual salary of Rs.4,55,000/- as Warehouse Manager
vide appointment letter Ex.PW1/12. The secondary school
certificate and the Computer Course certificate were
exhibited as Ex.PW1/10 & Ex.PW1/11. The Senior Executive
of M/s. Agility Logistics Pvt. Ltd. appeared in the witness box
as PW-5 and proved the offer letter Ex.PW-5/A, details of the
salary as Ex.PW-5/B, appointment letter as Ex.PW-5/C and
salary slip as Ex.PW-5/D. As per the salary certificate Ex.PW-
5/B, the salary structure of the deceased was as under:-
"SL. NO. COMPONENT PER MONTH
1. Basic Rs.13,500/-
2. HRA Rs.6,750/-
3. Conveyance allowance Rs.15,000/-
4. Special allowance Rs.4,630/-
5. Medical reimbursement Rs.1,250/-
6. Bonus Rs.1,125/-
7. LTA Rs.1,125/-
8. Provident fund Rs.1,620/-
Total Rs.45,000/-"
8. The conveyance allowance of Rs.15,000/- and special
allowance of Rs.4630/- are deductable from the total salary
of the deceased and the income of the deceased for
computation of compensation is taken to be Rs.25,370/-
[(Rs.45,000 - (Rs.15,000 + Rs.4630)]. Rs.2,370/- is deducted
toward Income Tax and the net income of the deceased is
taken to be Rs.23,000/- per month.
9. The deceased was on probation at the time of the
accident. However, considering that the deceased was
professionally qualified and was working as Warehouse
Manager with M/s Geetanjali since 26th August, 2006,
appointed vide appointment letter Ex.PW-1/12 at the annual
salary of Rs.4,55,000/- per annum and he joined M/s Geo
Logistics Pvt. Ltd. upon being offered senior position of
Deputy Manager at an increased package of Rs.5,40,000/-
per month, the job of the deceased is taken to be permanent
and following the judgment of Hon'ble Supreme Court in the
case of Sarla Verma Vs. Delhi Transport Corporation,
2009 (6) Scale 129, 50% of the salary of the deceased is to
be added towards future prospects and income of the
deceased for computation of compensation is taken to be
Rs.34,500/- (23,000 + 50%).
10. The deceased has left behind four legal representatives
namely widow, minor daughter and parents and the
appropriate deduction according to the judgment of Sarla
Verma (Supra) is 1/4th. The personal expenses of the
deceased are reduced from 1/3rd to 1/4th.
11. The learned Tribunal has applied the multiplier of 13.
The deceased was aged 31 years at the time of the accident
and the appropriate multiplier is 16. The multiplier is
therefore enhanced from 13 to 16. Taking the income of the
deceased to be 34,500, deducting 1/4th towards personal
expenses and applying the multiplier of 16, the loss of
dependency is computed to be Rs.49,68,000/- (34,500 x 3/4
x 12 x 16).
12. The learned Tribunal has awarded Rs.10,000/- for
funeral expenses and Rs.25,000/- towards loss of love and
affection. No compensation is awarded for loss of consortium
and loss of estate. Rs.10,000/- is awarded towards loss of
consortium and Rs.10,000/- towards loss of estate. The total
compensation is computed to be Rs.50,23,000/- (49,68,000
+ 10,000 + 25,000 + 10,000 + 10,000).
13. Since the deceased is held to be contributory negligent
to the accident by 20%, the compensation computed above
is reduced by 20%, i.e., Rs.40,18,400/ (Rs.50,23,000 -20%).
14. The appeal as well as cross-objections are partially
allowed and the award amount is enhanced from
Rs.30,37,532/- to Rs.40,18,400/- along with interest @7.5%
per annum from the date of filing of the petition till date of
deposit under Order 21 Rule 1 of the Code of Civil Procedure.
15. The enhanced award amount along with interest be
deposited by the appellant with SBI Bank, Tis Hazari Branch
A/c Kavita Chopra A/c No. 30784117048 by means of a
cheque through Mr. H.S. Rawat, Relationship Manager, Tis
Hazari Branch, Tis Hazari (Mb: 09717044322) within 30
days.
16. Upon the enhanced award amount being deposited,
State Bank of India is directed to release 10% of the same to
respondent No.1 (Kavita Chopra A/c No. 30784117048),
Respondent No.3 (Ravi Chopra A/c No. 30784114660) and
respondent No.5 (Aruna Chopra A/c No. 30784115879), in
equal shares. The remaining amount be kept in the fixed
deposits in the following manner:
(i.) Fixed deposit in respect of 5% of the amount in
months.
(ii.) Fixed deposit in respect of 5% of the amount in
the name of respondent No.5 for a period of one
year.
(iii.) Fixed deposit in respect of 5% of the amount in
the name of respondent No.1 for a period of one
and a half years.
(iv.) Fixed deposit in respect of 5% of the amount in
the name of respondent No.5 for a period of two
years.
(v.) Fixed deposit in respect of 5% of the amount in
the name of respondent No.1 for a period of two
and a half years.
(vi.) Fixed deposit in respect of 5% of the amount in
the name of respondent No.5 for a period of three
years.
(vii.) Fixed deposit in respect of 5% of the amount in
the name of respondent No.1 for a period of three
and a half years.
(viii.) Fixed deposit in respect of 5% of the amount in
the name of respondent No.5 for a period of four
years.
(ix.) Fixed deposit in respect of 5% of the amount in
the name of respondent No.1 for a period of four
and a half years.
(x.) Fixed deposit in respect of 5% of the amount in
the name of respondent No.5 for a period of five
years.
(xi.) Fixed deposit in respect of 5% of the amount in
the name of respondent No.1 for a period of five
and a half years.
(xii.) Fixed deposit in respect of 5% of the amount in
the name of respondent No.5 for a period of six
years.
(xiii.) Fixed deposit in respect of 5% of the amount in
the name of respondent No.1 for a period of six
and a half years.
(xiv.) Fixed deposit in respect of 5% of the amount in
the name of respondent No.5 for a period of seven
years.
(xv.) Fixed deposit in respect of 5% of the amount in
the name of respondent No.1 for a period of seven
and a half years.
(xvi.) Fixed deposit in respect of 5% of the amount in
the name of respondent No.5 for a period of eight
years.
(xvii.) Fixed deposit in respect of 5% of the amount in
the name of respondent No.1 for a period of eight
and a half years.
(xviii.) Fixed deposit in respect of 5% of the amount in
the name of respondent No.5 for a period of nine
years.
17. The interest on the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the Savings
Account of respondent No.1.
18. Withdrawal from the aforesaid account shall be
permitted to respondent No.1 after due verification and the
Bank shall issue photo Identity Card to respondent No.1 to
facilitate identity.
19. No cheque book be issued to respondent No.1 without
the permission of this Court.
20. The Bank shall issue Fixed Deposit Pass Book instead of
the FDRs to the appellants and the maturity amount of the
FDRs be automatically credited to the Saving Bank Account
of the beneficiary at the end of the FDR.
21. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipts without the permission of this
Court.
22. Half yearly statement of account be filed by the Bank in
this Court.
23. On the request of appellant No.1, the Bank shall
transfer the Savings Account to any other branch according
to the convenience of respondent No.1.
24. The respondent Nos.1, 2, 3 & 5 shall furnish all the
relevant documents for opening of the Saving Bank Account
and Fixed Deposit Account to Mr. H.S. Rawat, Relationship
Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322).
25. Copy of the order be given dasti to counsel for both the
parties under the signatures of the Court Master.
26. Copy of this order be also sent to Mr. H.S. Rawat,
Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb:
09717044322) under the signature of Court Master.
27. Copy of this order be given 'Dasti' to learned counsel
for both the parties under signature of Court Master.
J.R. MIDHA, J
MARCH 08, 2010
HL
