Delhi High Court
Urmila Yadav & Ors. vs Shri Chand Naran Jasuja & Anr on 27 February, 2012
Author: G.P. Mittal
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision:27th February, 2012
+ MAC. APP. No.222/2010
URMILA YADAV & ORS.
..... Appellants
Through: Ms. Manjeet Chawla, Advocate
Versus
SHRI CHAND NARAN JASUJA & ANR ..... Respondents
Through: Mr. Manoj R. Sinha, Advocate
for the Respondent No.2
Insurance Company.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. The Appellant seeks enhancement of compensation of
`18,75,408/- awarded for the death of Karan Veer Singh
Yadav who died in an accident which occurred on 26.07.2006.
2. It is not in dispute that the deceased was working as a Personal
Assistant in Prime Minister's Office. Evidence has been led
that he had good future prospects. The Claims Tribunal took
the deceased's income to be `17,552/- on the ground that the
deceased's actual income on the date of the death is to be taken
into consideration. The Claims Tribunal misinterpreted the
words "actual income of the deceased at the time of death"
used in Sarla Verma & Ors. v. Delhi Transport Corporation &
Anr, (2009) 6 SCC 121. If the salary is revised retrospectively,
the revised salary on the date of death becomes the actual
income. The certificate Ex.PW1/A shows that the deceased's
salary on the date of the death was `19,380/- per month which
comes to `2,32,560/-. The deceased had a liability to pay
income tax amount to `19,200/- thereon. Considering his age
i.e. 48 years, 30% addition was required to be made in the
deceased's salary towards future prospects for the purpose of
computing the loss of dependency. The loss of dependency
thus comes to ` 24,03,856/- (`19,380 X 12 - 19200 (Income
Tax) + 30% X 13 X 2/3).
3. Loss of love and affection cannot be `30,000/-. The Supreme
Court in Sunil Sharma v. Bachitar Singh (2011) 11 SCC 425
and in Baby Radhika Gupta v. Oriental Insurance Company
Limited (2009) 17 SCC 627 granted only `25,000/- (in total to
all the claimants) under the head of loss of love and affection. I
would follow the same. The compensation under the head of
loss of love and affection is reduced from `30,000/- to
`25,000/-.
4. The overall compensation is re-computed as under:
S.No. Head of Granted by Granted by
Compensation the Claims this Court
Tribunal
1. Loss of Dependency `18,25,408/- `24,03,856/-
2. Loss of Love and `30,000/- `25,000/-
Affection
3. Loss of Consortium `10,000/- `10,000/-
4. Funeral Expenses `5,000/- `10,000/-
5. Loss to Estate `5,000/- `10,000/-
Total `18,75,408/- `24,58,856/-R
5. The overall compensation is enhanced from `18,75,408/- to
`24,58,856/- which shall carry interest @ 7.5% per annum
from the date of filing of the Petition till the date of payment.
6. The Respondent No.2 Insurance Company is directed to deposit
the enhanced amount along with interest within 30 days with
the Registrar General of this Court.
7. The entire enhanced amount of compensation shall enure for the
benefit of the deceased's widow i.e. the First Appellant. 25%
of the enhanced amount along with proportionate interest shall
be released forthwith on deposit. Rest of the amount shall be
held in Fixed Deposit for a period of one, two and three years
respectively in equal sum.
8. The Appeal is allowed in above terms.
(G.P. MITTAL)
JUDGE
FEBRUARY 27, 2012
pst
