Delhi High Court
Sunil & Ors vs Gopal & Ors. on 19 April, 2012
Author: G.P. Mittal
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision:19th April, 2012
+ FAO No.661/2003
SUNIL & ORS.
..... Appellants
Through: Mr. L.C. Rajput, Advocate
Versus
GOPAL & ORS. ..... Respondents
Through: Mr. Mohan Babu Aggarwal,
Advocate for the Respondent No.3
Insurance Company
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. The Appeal is for enhancement of compensation of ` 5,45,400/-
awarded for the death of Satbir Singh who was aged a little less
than 45 years on the date of the accident which occurred on
22.02.1997.
2. The deceased was working as a Constable in Delhi Police and
was getting a salary of ` 5052/- per month on the date of the
accident. Evidence was led to show that if he would have been
alive in April, 2000, his salary would have been ` 8583/-. The
Claims Tribunal added both the incomes to take an average
income of ` 6817/-, deducted 1/3rd towards the personal and
living expenses and adopted the multiplier of 10 to compute the
loss of dependency as ` 5,45,400/-.
3. The following contentions are raised on behalf of the
Appellants:
i) Since the number of the dependents on the deceased
were four, deduction towards personal and living
expenses should have been 1/4th instead of 1/3rd.
ii) The multiplier of 10 adopted by the Claims Tribunal
was less, as per Sarla Verma & Ors. v. Delhi
Transport Corporation & Anr., (2009) 6 SCC 121; it
should have been 14.
iii) No compensation under conventional heads of loss of
love and affection, loss to estate and funeral
expenses was awarded.
4. On the other hand, it is urged by the learned counsel for the
Respondent Insurance Company that the compensation
awarded is just and reasonable and does not call for any
interference.
5. While considering the future prospects, the Claims Tribunal
took into account the projected salary of the deceased in the
year 2000. Since the deceased was aged about 45 years, the
Appellants were entitled to an addition of 30% in the actual
income of the deceased towards future prospects on the date of
the accident. Similarly, the Claims Tribunal also erred in
adopting the multiplier of 10. It should have been 14 as per
Sarla Verma (supra). Thus, the loss of dependency comes to `
8,27,517/- (` 5052 + 30% X 3/4 X 12 X 14).
6. The compensation is reassessed as under:
Sl. Compensation under Awarded by Awarded by
various heads the Claims this Court
No. Tribunal
1. Loss of Dependency `5,45,400/- `8,27,517/-
2. Loss of Love & Affection - ` 25,000/-
3. Loss to Estate - `10,000/-
4. Funeral Expenses - `10,000/-
Total ` 5,45,400/- ` 8,72,517/-
7. The overall compensation is thus enhanced from ` 5,45,400/- to
` 8,72,517/-.
8. The enhanced compensation of ` 3,27,117/- shall carry interest
@ 9% per annum from the date of filing of the Petition till the
date of the award i.e. 06.06.2003 and @ 7.5% per annum from
07.06.2003 till the date of deposit with the Registrar General of
this Court. The Respondent No.3 National Insurance Co. Ltd.
is directed to deposit the compensation along with interest
within eight weeks.
9. The Appeal is allowed in above terms.
(G.P. MITTAL)
JUDGE
APRIL 19, 2012
pst
