Nisha Devi & Ors vs Krishan Avtar & Ors
2012 Latest Caselaw 2806 Del

*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                       Date of decision: 27th April, 2012
+        MAC.APP. 58/2011

         NISHA DEVI & ORS                     ..... Appellant
                       Through:         Mr. Munish Kumar Sharma,
                                        Advocate

                     versus

         KRISHAN AVTAR & ORS                       ..... Respondent
                     Through:           Ms. Shantha Devi Raman,
                                        Advocate for R-3

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

                              JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appellants seek enhancement of compensation of `15,86,870/- awarded for the death of Mahesh Kumar who died in a motor accident which occurred on 31.10.2007.

2. Mahesh Kumar was aged about 36 years and was employed in Delhi Police as a Constable. His gross salary on account of the revised Pay Scale on implementation of the Sixth Pay Commission w.e.f. 01.01.2006 on the date of his death i.e. 31.10.2007 was `15,092/-.

3. It is agreed by the parties that transport allowance, washing allowance and conveyance allowance totaling `160/- being personal to the deceased were liable to be deducted towards the payment made as they were incidental to his employment.

4. Considering the number of dependents to be five on the date of the accident and thus making deduction of one-fourth towards personal and living expenses, excluding `1937/- from the liability towards income tax (being House Rent Allowance), the loss of dependency comes to ` 29,56,230/- (`14,932/- x 12 - `4,000/- (income tax) + 50% x 3/4 x 15).

5. I would further add a sum of `55,000/- towards non-pecuniary heads i.e. `25,000/- towards Loss of Love and Affection, `10,000/- each towards Loss of Consortium, Loss to Estate and Funeral Expenses. The overall compensation thus comes to ` 30,11,230/-.

6. The compensation is thus enhanced from `15,86,870/- to `30,11,230/-. The compensation is enhanced to `14,24,360/- which shall carry interest @ 7.5% per annum from the date of filing of the Petition till its deposit in the Court.

7. 10% each of the enhanced compensation along with the proportionate interest shall be paid to the Appellants No.2, 3 and 5. Rest 70% of the enhanced compensation along with the proportionate interest shall enure for the benefit of the First Appellant.

8. Respondent No.3 IFFCO Tokio General Insurance Company Limited shall make the deposit of the enhanced amount along with the interest in the name of the respective Appellants in UCO Bank, Delhi High Court, New Delhi within six weeks.

9. The Appeal is allowed in above terms.

(G.P. MITTAL) JUDGE APRIL 27, 2012 vk