Delhi High Court
Sunita Devi & Ors vs Hawa Singh & Ors on 24 August, 2012
Author: G.P. Mittal
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 24th August, 2012
+ MAC. APP. 970/2011
SUNITA DEVI & ORS. ..... Appellants
Through: Mr. Manish Maini, Adv.
versus
HAWA SINGH & ORS. ..... Respondents
Through Mr. Pankaj Seth, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
CM APPL.20092/2011 (delay)
1. There is a delay of seven days in filing the Appeal.
2. For the reasons stated in the Application, the same is allowed. The delay
of seven days in filing the Appeal is condoned.
MAC. APP. 970/2011
3. The Appeal is for enhancement of compensation of ` 6,79,600/- awarded
in favour of the Appellants for the death of Zile Singh, who died in a
motor vehicle accident which occurred on 24.05.2007.
4. The only contention urged at the time of hearing the Appeal is that it was
established before the Motor Accident Claims Tribunal (the Claims
Tribunal) that the deceased was a tempo driver. In fact, at the time of
accident, the deceased was driving tempo No.DL-1G-1659 which met
with an accident resulting into fatal injuries to him. It is urged that the
First Appellant's testimony that her husband was earning `8,000/- per
month ought to have been believed by the Claims Tribunal to award the
loss of dependency.
5. The learned counsel for the Appellants place reliance on a judgment of
this Court in Smt. Mahrunisha & Ors. v. Mohd. Naseem Haider & Ors.,
MAC APP.36/2011 decided on 28.02.2012 where salary of a truck driver
was accepted as `7,500/- per month.
6. In Mahrunisha the accident took place on 24.09.2009. It was established
that the deceased was a truck driver. In the instant case, the accident took
place on 24.05.2007, that is, two years and four months before the
accident in Mahrunisha. It is proved on record that the deceased met with
an accident while he was driving a tempo No.DL-1G-1659. Para 7 of the
impugned judgment is extracted hereunder:-
"7. It is stated by PW Sunita Devi in her affidavit that her husband
met with an accident on 24.05.07 by truck bearing no.HR-63-3056
and died. PW Ratan Shah who is the eye witness of the accident
has stated in his affidavit that on 24.05.07 at about 8:30 pm, he
was working as a cleaner in tempo bearing no.DL-1G-1659 and
said tempo was being driven by Sh. Zile Singh and was
proceedings towards Delhi from Sampla and when said tempo
reached at Village Sakola, PS Bahadurgah, truck bearing no.HR-
63-3056 coming from opposite side at a very high speed and in
rash and negligent manner came on the wrong side of the road and
had hit his tempo. It is further stated that as a result of this, the
tempo overturned and a motorcyclist who was going near the
tempo came underneath the tempo. It is further stated that driver
of the tempo Sh. Zile Singh, the motorcyclist and its pillion rider
died in the accident. It is further stated that driver of the truck ran
away from the spot. PW Sh. Ratan Shah has been cross examined
on behalf of R2 insurance company."
7. In the circumstances, instead of awarding loss of dependency on the basis
of minimum wages, the Claims Tribunal ought to have made at attempt to
make an assessment of the salary of a tempo driver in the year 2007. I
would make a guess work and say that the tempo driver must be getting a
salary of `5,000/- per month in the year 2007. The loss of dependency on
making addition of 30% towards inflation on the basis of Santosh Devi v.
National Insurance Company Ltd. & Ors., 2012 (4) SCALE 559 would
come to `7,80,000/- (5,000/- + 30% x 12 x 2/3 x 15).
8. The Appellants are further entitled to an award of `10,000/- each towards
loss of consortium, loss to estate and `5,000/- towards funeral expenses.
In addition a sum of `30,000/- awarded by the Claims Tribunal towards
loss of love and affection. The overall compensation thus comes to
`8,35,000/-.
9. The enhanced compensation of `1,55,400/- shall carry interest @ 7.5%
per annum from the date of filing of the petition till its deposit.
10. Respondent No.2 the National Insurance Company Limited is directed to
deposit the enhanced compensation along with interest in the name of the
Appellants in the UCO Bank, Delhi High Court Branch, New Delhi
within six weeks.
11. The compensation along with interest shall be payable to the Appellants
in terms of the order passed by the Claims Tribunal.
12. The Appeal is allowed in above terms.
13. Pending Applications also stand disposed of.
(G.P. MITTAL)
JUDGE
AUGUST 24, 2012
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