Delhi High Court
Saurabh Chopra & Anr. vs Oriental Insurance Co. Ltd. on 17 January, 2012
Author: G.P. Mittal
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 17th January, 2012
+ FAO 459/2003
SAURABH CHOPRA & ANR. ..... Appellants
Through: Ms. Raavi Birbal, Adv.
versus
ORIENTAL INSURANCE CO. LTD. ..... Respondent
Through: Ms. Manjusha Wadhwa, Adv.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. The Appellant seeks enhancement of compensation for death of
P. K. Chopra, who died in a motor accident on 17.01.1991
while he was travelling on the pillion seat of a two wheeler
No.DAB 5790.
2. The compensation of ` 5,37,600/- including interim
compensation of ` 25,000/- was awarded in favour of the
Appellants and Respondent No.3. A sum of ` 1,87,600/- being
approximately 1/3rd of total compensation was ordered to be
deducted as Respondent No.3 the widow of the deceased being
owner of the offending two wheeler scooter was herself a tort
feaser.
3. The following contentions are raised on behalf of the
Appellants: -
(i) The multiplier applied is low; it should be '17' as per
Sarla Verma v. DTC, (2009) 6 SCC 121;
(ii) No compensation on account of loss of love and
affection, loss of estate and funeral expenses has been
granted;
(iii) Deduction of ` 1,87,600/- apportioned as share of
Respondent No.3 was on the higher side.
4. It is submitted that the Appellants Saurabh Chopra and Mohit
Chopra were very young at the time of accident and deduction
of an amount of ` 1,87,600/- was not justified.
5. In my view the appeal is bound to succeed. The compensation
is re-assessed. The income of the deceased as taken by the
Tribunal including future prospects was ` 3,750/- after
deducting 1/4th towards personal living expenses of the
deceased and on applying a multiplier of '17' as per Sarla
Verma (supra) the loss of dependency comes to ` 3,750 - 1/4th x
12 x 17 = ` 5,73,750/-. On adding the notional sum of `
25,000/- towards loss of love and affection, ` 10,000/- towards
loss of estate and ` 5,000/- towards funeral expenses, the overall
compensation comes to ` 6,13,750/-. A deduction of `
1,00,000/- is to be made towards the share of Respondent No.3
for being the joint tort feasor. The Appellants and Respondents
No.4 & 5 are thus entitled to a compensation of ` 5,13,750/-
along with interest @ 9% per annum from the date of filing of
the petition till the date of award and then @ 7.5% per annum
from the date of filing of the appeal till the date of payment. A
sum of ` 25,000/- each along with proportionate interest shall be
payable to Respondents No.4 & 5. The rest of the amount shall
be distributed amongst the Appellants along with interest in
equal shares. Since, the accident took place in the year 1991
and the enhancement is marginal the enhanced amount along
with interest shall be released forthwith in favour of the
Appellants. The Insurance Company is directed to deposit the
amount in the name of Appellants in UCO Bank, Delhi High
Court Branch, New Delhi within 30 days.
6. The appeal is allowed in above terms.
(G.P. MITTAL)
JUDGE
JANUARY 17, 2011
hs
