Vijay Kumar Aggarwal & Anr. vs Sanjay Singh & Ors
2011 Latest Caselaw 5804 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Date of decision: 29th November, 2011

+       MAC APP. 592/2010

        VIJAY KUMAR AGGARWAL & ANR. ..... Appellant
                     Through: Mr. Manjeet Chawla, Adv.

                     versus

        SANJAY SINGH & ORS                         ..... Respondents
                     Through:            Mr. Manoj R. Singh, Adv. for
                                         R-3.

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

                              JUDGMENT

G. P. MITTAL, J. (ORAL)

1. By an award dated 18.02.2002 the Appellant was granted a compensation amounting to ` 67,000/- along with interest @ 9% per annum from the date of filing of the petition till the date of the payment. There was delay of 2360 days in filing the Appeal. The application for condonation of delay came to be dismissed by this Court by an order dated 14.09.2010. The SLP (C) No.36323/2010 was allowed by the Supreme Court and the delay in filing the appeal was condoned. Thus, the matter has come back to this Court.

2. In a motor accident, which took place on 09.05.1995 the Appellants lost their son Angad Aggarwal, who was aged 12 years at that time. The Tribunal by the impugned award held that the accident was caused on account of rash and negligent driving by Respondent No.1 Sanjay Singh. The Tribunal found that the deceased was a student of 9th standard and awarded a compensation of ` 50,000/- on account of loss of dependency, ` 2,000/- as funeral expenses and ` 15,000/- towards love and

affection.

3. This case is covered by the judgment of this Court in National Insurance Co. Ltd. v. Farzana & Ors., 2009 ACJ 2763. In this case relying on Manju Devi v. Musafir Paswan, VII (2005) SLT 257; Saubhagya Devi & Ors. v. Sukhvir Singh & Ors., II (2006) ACC 1997; R. K. Malik v. Kiran Pal, III (2006) ACC 261; R. K. Malik v. Kiran Pal, 2009 (8) Scale 451, took notional income of ` 15,000/- per annum and on applying the multiplier of 15

computed the dependency as ` 2,25,000/-. The High Court further granted a sum of ` 75,000/- towards the future prospects and ` 75,000/- towards loss of love and affection. Following Farzana(supra), I award a total compensation of `3,75,000/-. The Appellants would be entitled to interest @ 7.5% per annum from the date of filing of the petition till the date of award and then from the date of filing of the appeal i.e. 01.09.2010 till the date of payment, which the Respondents are jointly and severally liable to pay. Respondent No.3 Insurance Company is

directed to deposit the balance compensation along with interest within a period of six weeks with the Registrar General of this Court, which shall be payable to the Appellants in equal shares. 25% of the enhanced amount shall be deposited in Appellant's savings account in UCO Bank, Delhi High Court Branch, which the Appellants will be entitled to withdraw at their will. Remaining 75% shall be held in Fixed Deposit for a period of 3 years.

4. A copy of the order be sent to the Manager, Uco Bank, Delhi High Court Branch, New Delhi.

5. The appeal is allowed in above terms.

(G.P. MITTAL) JUDGE NOVEMBER 29, 2011 hs