Delhi High Court
Icici Lombard General Insurance ... vs Jaipal Singh & Ors. on 24 February, 2012
Author: G.P. Mittal
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 24th February, 2012
+ MAC.APP. 584/2011
ICICI LOMBARD GENERAL INSURANCE CO LTD.
.... Appellant
Through: Ms. Suman Bagga, Advocate.
versus
JAIPAL SINGH & ORS. ..... Respondents
Through: Mr. Jatin Rajput, Adv. for R-1
& R-2.
+ MAC.APP. 524/2011
NEW INDIA ASSURANCE CO LTD. .... Appellant
Through: Mr. Anand Vardhan Sharma,
Advocate.
versus
KAPOOR SINGH & ORS. ..... Respondents
Through: Mr. Yogesh Chhabra, Adv. for
R-1.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. These are two Appeals where a common question of law is
involved. In MAC APP.584/2011 the Appellant ICICI Lombard
General Insurance Company Limited seeks reduction of
compensation of ` 6,24,400/- awarded for the death of Tarun
Kumar, who was a student of B.Sc. final year. The accident in
this case took place on 03.09.2009.
2. In MAC APP.524/2011 a compensation of ` 6,01,400/- was
awarded for the death of Sachin, who was aged about 20 years
and who was a student of B. Com, Second Year in Delhi
University.
3. Both were bachelors.
4. In the case of Tarun's death, it was claimed that the deceased
was imparting tuitions and was earning ` 7,000/- per month. In
the absence of any documentary evidence minimum wages of a
matriculate were taken, after making addition of 50% towards
the inflation, 50% was deducted towards the personal and living
expenses, the multiplier of '14' as per the age of the deceased's
mother was applied and the loss of dependency was calculated
at ` 5,54,400/-. After adding a sum of ` 50,000/- towards loss of
love and affection, ` 10,000/- towards funeral expenses and `
10,000/- towards loss to estate, an overall compensation of `
6,24,400/- was awarded.
5. In the case of death of Sachin it was also claimed that the
deceased was imparting tuitions and was earning ` 7,000/- per
month. Here also, the Claims Tribunal took the minimum
wages of a matriculate i.e. ` 4200/-, added 50% towards the
inflation, took the monthly dependency as ` 3150/- (deceased
being bachelor), applied the multiplier of '13' as per the age of
the deceased's mother to compute the loss of dependency as `
4,91,400/-. The overall compensation awarded by the Claims
Tribunal is tabulated hereunder:-
Sl. Compensation under Awarded by the
various heads Claims Tribunal
No.
1. Loss of Dependency `4,91,400/-
2. Loss of Love & Affection ` 25,000/-
3. Funeral Expenses ` 10,000/-
4. Loss to Estate ` 10,000/-
5. For Treatment / Medicines ` 65,000/-
Total ` 6,01,400/-
6. It is urged by the learned counsel for the Appellants that
addition on account of inflation was not permissible in law. I
need not go into that question because potential income can be
taken into consideration where deceased is pursuing a
professional course or is in the last leg of his Graduation.
7. In the case of a student pursing a professional course, the
Tribunal is to consider the potential income of the deceased
after completion of the course. In the case of Haji Zainullah
Khan (Dead) by Lrs. v. Nagar Mahapalika, Allahabad, 1994 (5)
SCC 667, death of a young boy, aged 20 years took place in an
accident which happened in the year 1972. The deceased was a
student of B.Sc Ist year (Biology), a compensation of `
1,46,900/- was increased and rounded off to ` 1,50,000/-.
8. In Ganga Devi & Ors. v. New India Assurance Co. Ltd. & Ors.,
MAC APP. 359/2008, decided by this Court on 23.11.2009,
which related to the death of a student (studying medicine) who
was doing internship and was to be awarded MBBS degree in a
short time, the Tribunal awarded a compensation of ` 9,35,352/-
on the basis of the minimum wages of a Graduate. This Court
observed that although the deceased was getting a stipend of `
5,000/- per month at the time of his death in the accident, he
would have ultimately joined as a doctor at a salary ranging
between ` 16,000/- per month to ` 25,000/- per month. Thus,
average monthly income of the deceased was taken as `
18,000/- and after adding 50% towards future prospects, the
compensation was enhanced to ` 21,36,000/-.
9. In the circumstances, taking the monthly income of deceased
Tarun, in MAC APP.581/2011, as ` 6600/- cannot be faulted.
10. A sum of ` 50,000/- was awarded towards the loss of love and
affection. The trend of High Courts and the Supreme Court is
to award a sum of ` 25,000/- only towards the loss of love and
affection because this loss can never be measured in terms of
money. In Sunil Sharma v. Bachitar Singh (2011) 11 SCC 425
and in Baby Radhika Gupta v. Oriental Insurance Company
Limited (2009) 17 SCC 627 a sum of ` 25,000/- was awarded
towards the loss of love and affection.
11. The overall compensation of ` 6,24,400/- awarded for the death
of a B.Sc. final year student from Delhi University cannot be
said to be exorbitant or excessive. The deceased Tarun Kumar
did have a capacity to earn atleast ` 6600/- per month.
12. I do not find any ground to interfere in the impugned judgment.
The Appeal is devoid of any merit, the same is accordingly
dismissed.
MAC APP.524/2011
13. The Claims Tribunal, as stated above, took the deceased
Sachin's income to be `6300/-, after deducting 50% towards
personal living expenses, applied the multiplier of '13' and the
loss of dependency was computed as ` 4,91,400/-.
14. The potential income of ` 6300/- per month for a student of
B.Com. Second Year in Delhi University cannot be said to be
on the higher side. The overall compensation of ` 6,01,400/-
which includes a sum of ` 65,000/- towards treatment for the
injuries till he succumbed to the same cannot be said to be
exorbitant or excessive.
15. The Appeal is without any merit, the same is accordingly
dismissed.
(G.P. MITTAL)
JUDGE
FEBRUARY 24, 2012/vk
