Girish Kumar vs Raj Vir & Ors
2011 Latest Caselaw 2214 Del

                                     UNREPORTED
*   IN THE HIGH COURT OF DELHI AT NEW DELHI

+     MAC. APP. No. 714/2010

GIRISH KUMAR                                 ..... Appellant
                            Through:   Mr. R.K.Bachchan, Advocate.
                   versus
RAJ VIR & ORS                                 ..... Respondents
                            Through:   Mr. Niraj Singh, Advocate for
                                       the respondent No.3.

%                           Date of Decision : April 26, 2011

CORAM:
HON'BLE MS. JUSTICE REVA KHETRAPAL
1. Whether reporters of local papers may be allowed
   to see the judgment?
2. To be referred to the Reporter or not?
3. Whether judgment should be reported in Digest?

                            O R D E R (ORAL)

: REVA KHETRAPAL, J.

1. By way of this appeal the appellant seeks to impugn the

judgment and award dated 16.04.2010 passed in MACT No.

21/2009 titled 'Shri Girish Kumar versus Raj Vir and Ors.'

2. The claim petition was filed by Shri Girish Kumar, the

appellant herein, who had suffered grievous injuries in a

roadside accident, which occurred on 29.11.2008 at Yamuna

Vihar, C-Block Bus Stand, Delhi, against the driver, the owner

and the insurer of the offending bus bearing No. DL-1PB-1888,

which culminated in the passing of the impugned award dated

16.4.2010 in the sum of ` 5,49,976/- with interest at the rate of

7.5% per annum in favour of the appellant and against the

respondent No.3.

3. Although a number of grounds are urged in the appeal, the sole

ground pressed by Mr. R.K.Bachchan, the learned counsel for

the appellant at the time of the hearing of the present appeal is

that the deduction of 1/3rd from the income towards the

personal expenses and maintenance of the deceased could not

have been made by the learned Tribunal while calculating the

income of the deceased and the amount of compensation

payable to the injured for prospective loss of income.

4. Mr. Niraj Singh, the learned counsel for the respondent No.3,

though sought to support the award, did not deny that the

deduction of 1/3rd cannot in law be made while computing the

prospective loss of income in a case where the victim claims

compensation for the injuries sustained by him in a road

accident.

5. The Hon'ble Supreme Court in 'Raj Kumar versus Ajay

Kumar and Another (2011) 1 SCC 343' has clearly

distinguished the compensation payable to an injured claimant

from loss of dependency awarded to dependent family

members of the deceased in the case of a fatal accident. While

in the former case, what is to be calculated is the future loss of

earning of the claimant, payable to the claimant himself, in the

latter case, it is the loss of future earnings of the deceased,

payable to the dependent family members, which is to be

calculated. As such, no deduction towards the personal

expenses is warranted while calculating compensation payable

to an injured claimant on account of future loss of earnings.

6. In view of the aforesaid, the award is modified to the extent

that the amount of compensation shall be calculated without

deduction of 1/3rd made by the learned Tribunal. Thus

calculated, the prospective loss of income of the deceased

works out to ` 5,63,448/- instead of ` 3,75,564/- as calculated

by the learned Tribunal. The award, accordingly, stands

enhanced and the total compensation payable to the appellant

shall be in the sum of ` 7,37,860/- with interest at the rate of

7.5% per annum from the institution of the petition by the

appellant till the realization. The respondent No.3 is directed to

deposit the enhanced amount with up-to-date interest with the

Registrar General of this Court within one month from today

by way of crossed-cheque.

The appeal stands disposed of accordingly.

REVA KHETRAPAL (JUDGE) April 26, 2011 ak