Delhi High Court
Bimlesh Taak & Ors. vs Hari Chand & Ors. on 7 December, 2011
Author: G.P. Mittal
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 7th December, 2011
+ MAC APP. 371/2011
BIMLESH TAAK & ORS. ..... Appellants
Through: Mr. N. K. Jha, Adv.
Versus
HARI CHAND & ORS. ..... Respondents
Through: Ms. Neerja Sachdeva, Adv. for R-3.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. The Appellant seeks enhancement of compensation in respect of
death of Ram Phal, who died in an accident, which took place
on 07.11.2009. By impugned award the Tribunal granted
overall compensation of ` 12,35,000/-. The Appellant's
grievance is that a deduction of ` 1,500/- towards income tax
from monthly salary was wrongly made by the Tribunal. The
number of dependents were 5 and, therefore 1/4th ought to have
been deducted towards personal expenses of the deceased
instead of 1/3rd taken by the Tribunal. The compensation
awarded towards non-pecuniary damages i.e. loss of
consortium, loss of love and affection is on lower side.
2. The deceased's salary was proved as ` 10,376/- per month. In
the salary slip deduction of ` 1,500/- was shown towards
advance/ income tax. The income up to ` 1,50,000/- was
exempted from income tax for the assessment year 2009-2010.
Therefore, the sum of ` 1,500/- ought not to have been taken as
deduction towards income tax by the Tribunal. It is true that
there were 5 legal heirs of the deceased. Appellants No.2 & 3
were the deceased's married sons and, therefore, they were
rightly not considered as deceased's dependents by the
Tribunal. Since, the deceased was proved to be 47 years of age
in a settled employment. The Tribunal made 30% addition on
account of future prospects and applied the multiplier of '13',
which was justified. The dependency, thus, works out to be `
10,376/- + 30% x 12 = ` 1,61,865 - ` 1,000/- (income tax on `
1,61,865/-) = ` 1,60,865 - 1/3rd (towards personal expenses) x
13 = ` 13,94,168/-.
3. The compensation under the head of loss of love and affection
needs to be enhanced to ` 25,000/-. The compensation works
out as under: -
Sl. Head of Compensation Compensation
No. Compensation granted by the granted by High
Tribunal Court
1. Loss of dependency ` 11,99,952/- ` 13,94,168/-
2. Loss of consortium ` 10,000/- ` 10,000/-
3. Funeral expenses ` 5,000/- ` 5,000/-
4. Loss of love and ` 10,000/- ` 25,000/-
affection
5. Loss of estate ` 10,000/- ` 10,000/-
Total ` 12,34,952/- ` 14,44,168/-
4. The enhanced compensation of ` 2,09,169/- shall carry interest
@ 7.5% per annum from the date of filing the appeal till the
date of payment. Respondent No.3 Bajaj Allianz General
Insurance Co. Ltd. is directed to deposit the enhanced amount
with the Registrar General of this Court within six weeks. The
enhanced compensation shall be equally apportioned amongst
Appellants No.1, 4 & 5 and shall be held in an FDR for a period
of 5 years with UCO Bank, Delhi High Court Branch, New
Delhi.
5. The appeal is allowed and award is modified in above terms.
No costs.
Copy of the order may be given dasti.
(G.P. MITTAL)
JUDGE
DECEMBER 7, 2011
hs
