Delhi High Court
New India Assurance Co. Ltd. vs Ram Pal & Ors. on 2 February, 2012
Author: G.P. Mittal
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 2nd February, 2012
+ MAC. APP. 481/2011
NEW INDIA ASSURANCE CO. LTD. ...... Appellant
Through: Mr. Kanwal Chaudhary, Adv.
Versus
RAM PAL & ORS. ..... Respondents
Through: Mr. Anshuman Bal, Adv. for 1(a) &
1(b).
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. The Appeal is for reduction of compensation of ` 7,52,111/-
awarded for the death of Aarti @ Preeti, who was aged about 18
years at the time of the accident, which took place on
26.05.2010.
2. On 26.05.2010 at 6:15 PM the deceased was travelling as a
pillion rider on a two wheeler. When the deceased and her
companion reached Najafgarh near Metro pillar No.718, Uttam
Nagar, Delhi a Bus No.DL-1PC-2161 hit the two wheeler. On
account of the impact the two wheeler rammed into the
Rickshaw and the deceased fell on the road. The deceased was
crushed under the wheels of the Bus resulting into fatal injuries.
The Appellant's grievance is that although the deceased's
income was claimed to be `8,000/- per month yet there was no
evidence to support this plea. During evidence the deceased's
father deposed that the deceased used to work as a maid servant
in various houses and was earning ` 8,000/- per month. In
cross-examination, he admitted that she was earning only `
4,000/- to ` 5,000/- per month. The Claims Tribunal took the
minimum wages of an unskilled worker and added 50% on
account of inflation to compute the loss of dependency. This
was not permissible as the deceased was working only as a maid
servant in various houses on part time basis. In the facts and
circumstances of this case, it would have been fair to award
compensation on the basis of minimum wages of an unskilled
worker without any addition.
3. I accordingly compute the loss of dependency to the parents
(the deceased being unmarried daughter) as ` 4,43,352/- (`
5,278 x 50% x 12 x 14 = ` 4,43,352/-).
4. The compensation of ` 40,000/- awarded towards loss of love
and affection and ` 20,000/- on last rites without any evidence
was on the higher side. The Tribunal failed to award any
compensation towards loss of estate. On the basis of the
judgment in Sunil Sharma v. Bachitar Singh, (2011) 11 SCC
425 and in Baby Radhika Gupta v. Oriental Insurance Company
Limited, (2009) 17 SCC 627, the compensation under the head
of loss of love and affection is reduced to ` 25,000/-. On the
basis of the judgment of Supreme Court in Sarla Verma v. DTC,
(2009) 6 SCC 121, the compensation towards funeral expenses
and loss to estate is awarded as ` 10,000/- each.
5. The overall compensation is computed as under: -
S. No. Compensation Awarded by Awarded by
Head the Claims the High
Tribunal Court
1. Loss of ` 6,65,112/- ` 4,43,352/-
Dependency
2. Loss of Love & ` 40,000/- ` 25,000/-
Affection
3. Funeral Expenses ` 20,000/- ` 10,000/-
4. Loss to Estate ` 10,000/-
TOTAL ` 7,25,112/- ` 4,88,352/-
6. The compensation stands reduced to ` 7,25,112/- to ` 4,88,352/-
along with interim award, if any, with interest @ 7.5% per
annum from the date of filing of the petition till the date of
deposit of amount in this Court.
7. The compensation awarded shall be apportioned amongst the
Claimants in the proportion as awarded by the Tribunal.
8. The excess amount along with interest, earned if any, shall be
refunded to the Appellant Insurance Company.
9. The statutory deposit shall also be refunded to the Appellant.
10. The Appeal is allowed in above terms.
11. No costs.
(G.P. MITTAL)
JUDGE
FEBRUARY 2, 2012
hs
