Digamber Prasad Jain & Anr vs Tanveer Ahmed & Ors
2011 Latest Caselaw 5841 Del

$~29
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                           Date of Decision: November 30, 2011
+      MAC.APP. 860/2010


       DIGAMBER PRASAD JAIN & ANR                  ..... Appellants
                     Through    Mr. Anil Kumar Chunduru, Advocate

                       versus


       TANVEER AHMED & ORS                                    ..... Respondents
                    Through                Mr. Kanwal Chaudhary, Advocate for respondent
                                           No.3.

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


%                               JUDGMENT

G. P. MITTAL, J. (ORAL)

1. Appellants are the parents of the deceased Deepak Jain, who lost his life in a motor

accident which took place on 01.08.2006. On the basis of the salary slip Ex.PW3/A, the

Tribunal after taking the salary of the last eight months opined the average income of the

deceased to be `6040/- per month for which he was working with M/s. Talent Maximus Pvt.

Ltd., deducted 50% towards the personal expenses, applied multiplier of 11 according to the age

of the deceased's mother and calculated the dependency as `3,98,640/-.

2. It is urged by the learned counsel for the Appellant that the deceased was just at the

threshold of his career. He had done "O" Level computer course and was pursuing M.A. in

Hindi along with the job and, therefore, his future prospects ought to have been considered by

the Tribunal making an addition of 50% to the income. It is also submitted that the amount

awarded towards loss of love and affection was on the lower side.

3. It was held in Sarla Verma & Ors.v. Delhi Transport Corporation, (2009) 6 SCC 121

that future prospects have to be considered where the deceased was in stable employment. In

this case, the deceased was working as a Sales Executive and his salary was on month to month

basis. Though, it showed an upward trend, but still the Tribunal took the average salary for the

last eight months. The fact that the deceased was pursing M.A. in Hindi could not come in better

prospects in the job which he was doing. In the circumstances, Appellants are not entitled to any

loss of dependency on account of future prospects.

4. Amount of `10,000/- awarded towards loss of love and affection was on the lower side is

enhanced to `25,000/-. The enhanced amount of `15,000/-shall carry interest of 7.5% per annum

from the date of filing the Appeal till the payment. The respondent No.3 New India Assurance

Company Ltd. is directed to deposit the amount with the Registrar General of this Court within

six weeks which shall be released to Appellant No.2 immediately.

5. The Appeal is allowed as indicated above. No costs.

G.P. MITTAL, J.

NOVEMBER 30, 2011 pst