Delhi High Court
Israel And Anr. vs Ishwar Chand And Ors on 22 August, 2012
Author: Suresh Kait
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 22nd August, 2013
+ MAC.APP. 744/2012
ISRAEL AND ANR. ..... Appellants
Through: Mr. Navneet Goyal, Adv. with
Ms. Mamta Bhardwaj, Adv.
versus
ISHWAR CHAND AND ORS ..... Respondents
Through: Mr. Vinod Sharma, Adv. for R1 and R2.
Ms. Minakshi Midha, Adv. for R3.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Instant appeal has been filed by the appellants for enhancement of the
award dated 31.03.2012, whereby, ld. Tribunal has granted a sum of
Rs.1,45,000/- for the death of Gulfam in the accident occurred on
22.12.2009.
2. Counsel for the appellant has argued that the ld. Tribunal has failed to
consider the future prospects as he died at the age of 18 years.
3. He further argued that on non-pecuniary heads the ld. Tribunal has
granted compensation on a very lower side, i.e, Rs.25,000/- towards love
and affection, Rs.10,000/- towards loss of estate and Rs.5,000/- towards
funeral expenses.
4. Ld. Counsel further submits that in view of dictum in Rajesh and Ors.
v. Rajbir Singh and Ors. 2013 (6) Scale 56, the appellants are entitled for an
amount of Rs.1,00,000/- for loss of love and affection and Rs.25,000/-
towards funeral expenses.
5. I find force in the submission of ld. Counsel for the appellant.
Keeping in view the dictum of Rajesh & Ors. (Supra), I enhance
Rs.1,00,000/- from Rs.25,000/- for loss of love and affection and
Rs.25,000/- from Rs.5,000/- towards funeral expenses.
6. Keeping in view the age of the deceased and as per the dictum of
Rajesh and Ors. ( supra), the appellants are entitled for future prospects.
Therefore, I grant 50% towards future prospects.
7. Accordingly, the compensation would be as under:-
Income of the deceased Rs. 3,500/-p.m.
Future prospects (50%) Rs. 1,750/-
Personal expenses of deceased (50% ) Rs. 2,125/-
Loss of Income Rs. 2,125/-
Loss of dependency (Rs.2,125 x 12 x 5) Rs.1,27,500/-
Loss of Love & Affection Rs.1,00,000/-
Loss of Estate Rs. 10,000/-
Funeral Expenses Rs. 25,000/-
______________
Total Rs.2,62,500/-
_______________
8. Resultantly, the enhanced amount of compensation would comes to
Rs.1,17,500/- (Rs.2,62,500/- - Rs.1,45,500/-). The enhanced amount will
carry interest @ 7.5% as awarded by the learned Tribunal from the date of
the filing of the petition till its realization.
9. Respondent / Insurance Company is directed to deposit the enhanced
compensation amount along with interest @ 7.5% per annum within five
weeks from today with the Registrar General of this Court, failing which,
appellants shall be entitled for penal interest @ 12% per annum on account
of delayed payment.
10. On deposit, the Registrar General is directed to release the amount in
favour of the appellants proportionately in terms of order dated 31.03.2012.
11. The instant appeal is allowed on the above terms.
12. There is no order as to costs.
SURESH KAIT, J.
AUGUST 22, 2013
Jg/sb
