Vimla Devi & Ors. vs Shish Pal & Ors.
2012 Latest Caselaw 47 Del

*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                        Reserved on: 8th December, 2011
                                       Pronounced on: 3rd January, 2012
+        MAC APP. 879/2010

         VIMLA DEVI & ORS                          ...... Appellants
                 Through:          Mr. Manish Sharma, Advocate.

                        Versus

         SHISH PAL & ORS                             ...... Respondents
                  Through:         Mr. Pankaj Seth, Advocate for
                                   Respondent No.3

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

                             JUDGMENT

G. P. MITTAL, J.

1. The Appellants seek enhancement of compensation of ` 7,13,400/- awarded for the death of one Billu in a motor accident which took place on 28.05.2010. The deceased Billu was aged 35 years and was working as a Safai Karamchari with the Municipal Corporation of Delhi (the MCD) on the basis of daily wages.

2. Since the Respondents including National Insurance Co. Ltd.

have not challenged the impugned award, my task is easier as the offence of the negligence is not in dispute.

3. While computing the loss of dependency, the Tribunal took the deceased's salary to be ` 4,850/- per month (@ ` 160/- per day), deducted 1/4th towards personal expenses; since there

were six dependents, i.e., the widow, two sons and two daughters, selected the multiplier of 16 according to the deceased's age and calculated the loss of dependency as ` 6,98,400/-. The Tribunal granted conventional sums towards loss of estate, loss of consortium and funeral expenses and assessed the overall compensation as ` 7,13,400/-.

4. It is urged by the learned counsel for the Appellants that the Tribunal erred in not taking into consideration the deceased's future prospects as he (the deceased) would have been regularized by the MCD in due course. It is contended that the compensation awarded under non-pecuniary heads is on the lower side and no compensation has been granted under the head of loss of love and affection.

5. During inquiry before the Tribunal, no evidence was led by the Appellants that the deceased would have been regularized as a Safai Karamchari in the MCD in due course. A certificate was admitted which was issued by the Sanitary Superintendent, DEMS, Karol Bagh Zone stating that the deceased was employed with MCD on daily wages and was getting ` 160/- per day. In the absence of any evidence on record, benefit towards future prospects could not have been given to the Appellants.

6. Apart from the widow, the deceased left behind four children and his mother. Some compensation ought to have been allowed under the head of loss of love and affection. In the circumstances, I hold that the Appellants were entitled to a sum of ` 25,000/- for loss of love and affection. The compensation

awarded is enhanced from ` 7,13,400/- to ` 7,38,400/-.

7. The enhanced compensation of ` 25,000/- shall carry interest @ 7.5% per annum from 01.12.2010 till the date of payment. The Respondent No.3 National Insurance Co. Ltd., being insurer of the offending vehicle, is directed to deposit the enhanced compensation within six weeks, which shall be paid to the Appellant No.1 and shall be held in a Fixed Deposit for a period of three years.

8. The Appeal is allowed in above terms.

(G.P. MITTAL) JUDGE JANUARY 03, 2012 pst