Delhi High Court
Shriram General Insurance Co Ltd vs Smt. Hanufa Bibi & Ors on 23 April, 2012
Author: G.P. Mittal
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 23rd April, 2012
+ MAC.APP. 556/2011
SHRIRAM GENERAL INSURANCE CO LTD
..... Appellant
Through: Mr.Pankaj Seth, Advocate.
versus
SMT. HANUFA BIBI & ORS. ..... Respondents
Through: Mr. J.S. Arya, Advocate for
Respondents No.1 & 2.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. The Appeal is for reduction of compensation of ` 5,42,522/-
awarded for the death of Sajan who was aged 21 years at the
time of his death in a motor accident which occurred on
22.10.2010.
2. The finding on negligence is not challenged by the Appellant
Insurance Company.
3. During inquiry before the Claims Tribunal, it was claimed that
the deceased was working in a surgical items manufacturing
unit and was earning ` 6,000/- per month. No documentary
evidence nor any other cogent evidence was produced to prove
the deceased's employment or his profession. The deceased's
brother who was impleaded as Petitioner No.2 in the Claim
Petition was admittedly not dependent on the deceased.
4. In the absence of any documentary evidence with regard to the
deceased's employment, the Claims Tribunal took the minimum
wages of an unskilled worker i.e. `5278/- per month, added
50% towards inflation, deducted 50% towards the personal and
living expenses and adopted the multiplier of 11 to compute the
loss of dependency as ` 5,42,522/-.
5. The age of the deceased, the dependency of the mother and the
multiplier has not been disputed by the Appellant. The only
ground of challenge is that 50% addition towards future
inflation should not have been given.
6. On the other hand, it is urged by the learned counsel for the
Respondents No.1 and 2 that no compensation was awarded on
account of loss of love and affection. Although the
Respondents No.1 and 2 have not filed any Cross-Appeal or
Cross-Objections, yet they are entitled to support the
compensation granted even without filing any Cross-Appeal in
terms of Order XLI Rule 22.
7. In Dhaneshwari & Another v. Tajeshwar Singh & Others, MAC.
APP 997/2011 decided on 19.3.2012, after noticing the
Judgments of this Court in Smt. Anari Devi v. Shri Tilak Raj &
Anr., II (2004) ACC 739; (2005 ACJ 1397); National Insurance
Co. Ltd. v. Pooja & Ors., II (2006) ACC 382 (2007 ACJ 1051);
Om Kumari & Ors. v. Shish Pal & Ors, 140 (2007) DLT 62;
Narinder Bishal & Anr. v. Rambir Singh & Ors., MAC APP.
1007-08/2006, decided on 20.02.2008; New India Assurance
Co. Ld. v. Vijay Singh MAC APP. 280/2008 decided on
09.05.2008; Oriental Insurance Company Limited v. Smt. Rajni
Devi & Ors. MAC APP.286/2011 decided on 06.01.2012; Smt.
Gulabeeya Devi v. Mehboob Ali & Ors. MAC APP.463/2011
decided on 10.01.2012 and IFFCO TOKIO Gen. Ins. Co. Ltd. v.
Rooniya Devi & Ors. MAC APP.189/2011 decided on
30.01.2012 and Division Bench Judgments of this Court in
Delhi Transport Corporation and Anr. v. Kumari Lalita 22
(1982) DLT 170 (DB) and Rattan Lal Mehta v. Rajinder Kapoor
& Anr. II (1996) ACC 1 (DB), this Court has held that in view
of Rattan Lal Mehta (supra) increase in minimum wages cannot
be given on account of future inflation.
8. Since the deceased's income was not proved, the Claims
Tribunal rightly took the minimum wages of an unskilled
worker. Thus, the loss of dependency comes to `3,48,348/-
(`5278 X 12 X 1/2 X 11). On addition of sums of ` 10,000/-
each towards loss to estate and funeral expenses and `25,000/-
towards loss of love and affection, the overall compensation
comes to `3,93,348/- which shall carry interest @ 7.5% per
annum from the date of filing of the petition till the date of
payment.
9. The excess amount of `1,49,174/- along with the proportionate
interest and the interest accrued, if any, during the pendency of
the Appeal shall be refunded to the Appellant Insurance
Company.
10. The statutory amount deposited shall also be refunded to the
Appellant Insurance Company.
11. The Appeal is allowed in above terms.
(G.P. MITTAL)
JUDGE
APRIL 23, 2012
pst
