Ram Prakash & Anr. vs Lal Chand & Ors.
2012 Latest Caselaw 7000 Del

$-21
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      Date of decision: 6th December, 2012
+      MAC. APP. 494/2012

       RAM PRAKASH & ANR.                                ..... Appellant
                   Through:             Dr. Sudharkar Chaudhary, Advocate.

                      Versus

       LAL CHAND & ORS.                                    ..... Respondents
                    Through:            None


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

                                JUDGMENT

G. P. MITTAL, J. (ORAL) CM APPL. 8234/2012 (delay)

1. There is a delay of 26 days in filing the Appeal.

2. For the reasons as stated in the application, the delay in filing the Appeal is condoned.

3. The application stands disposed of.

MAC.APP. 494/2012

1. The Appeal is for enhancement of a compensation of ` 5,59,800/-

awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the Appellants for the death of Braham Prakash, a class 12th student, who died in a motor vehicle accident, which occurred on 29.01.2010.

2. In the absence of any Appeal by the driver, owner or the Insurance Company, the finding on negligence has attained finality.

3. During inquiry before the Claims Tribunal, it was claimed that the deceased was a 12th Class student and doing a part time job at M/s Rajasthan Book Depot and was earning ` 4,000/- to ` 5,000/- per month.

4. In the absence of any cogent evidence with regard to the deceased's income, the Claims Tribunal took the Minimum Wages of a matriculate, that is, `4,401/- per month as fixed by the Govt. of NCT of Delhi under the Minimum Wages Act; added 50% towards future prospects; deducted one-half towards personal and living expenses; applied the multiplier of 13 to compute the loss of dependency as ` 5,14,800/-.

5. The Claims Tribunal further awarded a sum of ` 25,000/- towards loss of love and affection and a sum of ` 10,000/- each towards loss to estate and funeral expenses.

6. It is urged by the learned counsel for the Appellant in addition to the fact that Braham Prakash was an extraordinary student of Class 12th; he had obtained computer diploma and was doing a part time job and was earning ` 4000/- to ` 5000/- per month. The compensation awarded is on the lower side.

7. I have before me the Trial Court record. A perusal of the matriculation certificate, Ex. PW1/G, shows that Braham Prakash was just an average student in his studies. He could secure only about 50% marks in his high school examination in the year 2007.

8. In the absence of any evidence with regard to future prospects, the Appellant was entitled to an addition of 30% towards inflation. In this

case, an addition of 50% was made towards inflation.

9. Keeping in view of the facts and circumstances, the compensation of ` 5,59,800/- cannot be said to be on the lower side. Rather the Claims Tribunal was quite liberal in awarding the compensation.

10. I do not find any ground to interfere with the impugned judgment; the Appeal has to fail; and the same is accordingly dismissed.

11. Pending Applications also stand disposed of.

(G.P. MITTAL) JUDGE DECEMBER 04, 2012 cl