Ved Prakash & Ors. vs Narayan Pal @ Narayan Singh & Anr.
2011 Latest Caselaw 6108 Del

$~2
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                 Date of decision: 13th December, 2011


+      MAC.APP. 688/2010 & CM. No.18696/2010(delay)


       VED PRAKASH & ORS                            ..... Appellants
                    Through            Mr. Jatinder Kamra, Advocate

                      versus


       NARAYAN PAL @ NARAYAN SINGH & ANR
                                       ..... Respondents
                   Through Ms. Neerja Sachdeva, Advocate
                           for Respondent No.2.


       CORAM:
       HON'BLE MR. JUSTICE G.P.MITTAL

                               JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appellants seek enhancement of compensation in respect of death of Nikhilesh who was aged 43 years on the date of accident and was working as a Safai Karamchari in the MCD on daily wage basis.

2. The Tribunal took the deceased's salary as Rs. 4,184/-, deducted 1/3rd towards personal expenses and applied the

multiplier of "13" to arrive at the loss of dependency. After granting compensation under conventional head, a total compensation of ` 5,06,000/- was worked out by the Tribunal.

3. During inquiry before the Tribunal, it was placed on record that the Safai Karamcharis working on daily wage basis were being regularized by the MCD from time to time. The deceased had already applied for regularization and had filed her School Leaving Certificate for proof of her age. It is urged that being a regular government employee, the deceased's salary would have increased substantially and, therefore, the deceased's future prospects ought to have been considered. It is further submitted that the deceased was also looking after the household and the dependents ought to have been compensated for loss of household services rendered by the deceased.

4. On the basis of the evidence adduced before the Tribunal, it can be inferred that the deceased would have been regularized in due course and her salary would have increased substantially. She was, therefore, entitled to be awarded future prospects. Since the deceased was working with the MCD as a full time employee and had two married sons, the dependents are not entitled to any compensation for the domestic services rendered by the deceased. The loss of dependency is calculated as ` 4,184/- + 30% = ` 5489/- - 1/3rd x 12 x 14 = ` 5,26,896/-. The compensation towards love and affection granted by the Tribunal is on the higher side and the same needs to be reduced from ` 50,000/- to ` 25,000/-. Thus, the compensation the

Appellants are entitled for is tabulated hereunder:

       Sl. Head of Compensation      Compensation      Compensation
       No.                           granted by the    granted by the
                                     Tribunal          High Court

       1.    Loss of Dependency      ` 4,36,000/-      ` 5,26,896/-

       2.    Loss of Consortium      ` 10,000/-        ` 10,000/-

       3.    Loss of Love and        ` 50,000/-        ` 25,000/-
             Affection

       4.    Loss of Estate          ` 5,000/-         ` 5,000/-

       5.    Funeral Expenses        ` 5,000/-         ` 5,000/-

             Total                   ` 5,06,000/-      ` 5,71,896/-

   5. The enhanced compensation of `         65,896/- shall also carry

interest @7.5% per annum from the date of filing the appeal till the date of payment.

6. The Appeal is allowed in above terms. No costs.

(G.P. MITTAL) JUDGE DECEMBER 13, 2011 pst