Puran Singh & Anr. vs United India Insurance Co. Ltd. & ...
2012 Latest Caselaw 698 Del

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*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    Date of decision: Ist February, 2012

+        MAC.APP. 104/2004

         PURAN SINGH & ANR.
                                              ..... Appellants

                           Through:     Mr. Braham Singh with
                                        Mr. N.S. Vidhuri, Advocates
                  versus
         UNITED INDIA INSURANCE CO. LTD. & ORS
                                     ..... Respondents

                           Through:     Mr. K.L. Nandwani, Advocate
                                        for Respondent No.1

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

                            JUDGMENT

G. P. MITTAL, J.(ORAL)

1. The Appellants grievance is that the Claims Tribunal accepted the deceased's income to be ` 4,000/- per month but deducted 2/3rd towards the personal living expenses and computed the loss of dependency taking only 1/3rd of the deceased's income. As per Sarla Verma & Ors. v. Delhi Transport Corporation (2009) 6 SCC 121 in case of the death of a bachelor, 50% of the deceased's income is to be taken to compute the loss of

dependency. The loss of dependency comes to ` 3,12,000/- (4000 X ½ X 12 X 13).

2. The Tribunal awarded a sum of ` 15,000/- towards the loss of love and affection and funeral expenses. It stands increased to ` 25,000/- towards the loss of love and affection, ` 5,000/-

towards funeral expenses and ` 5,000/- towards loss to estate. The total compensation works out to be ` 3,47,000/-.

3. The compensation is enhanced from ` 2,22,948/- to ` 3,47,000/-.

The enhanced compensation of ` 1,24,052/- shall carry interest @ 7.5% per annum from the date of filing of the petition till the date of payment. The enhanced compensation shall be deposited with the Registrar General of this Court within 30 days. Rest 80% of the amount shall go to the second Appellant and 20% shall go to the first Appellant. 50% of the amount shall be held in Fixed Deposit in UCO Bank, Delhi High Court Branch. The amount shall be released in favour of the Appellants as stated above forthwith.

4. The Appeal is allowed in above terms.

(G.P. MITTAL) JUDGE FEBRUARY 01, 2012 pst