Zahid Ali @ Pappu & Ors. vs Ram Chandra & Ors.
2012 Latest Caselaw 512 Del

$~18
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    Date of decision: 24th January, 2012
+        MAC. APP. No.440/2011

         ZAHID ALI @ PAPPU & ORS.            ..... Appellants
                       Through: Mr. Amit Kumar Pandey, Adv.

                        versus

         RAM CHANDRA & ORS.                       ..... Respondents
                     Through:           Mr. Sameer Nandwani, Adv.
                                        for R-3.

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

                                 JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appellant seeks enhancement of compensation for the death of Kamar Ali aged 15 years in an accident, which took place on 20.11.2008.

2. This Court in National Insurance Company Limited v. Farzana & Ors. MAC APP. 13/2007 decided on 14th July, 2009, considered Manju Devi v. Musafir Paswan, VII (2005) SLT 257 and R.K. Malik & Ors. v. Kiran Pal & Ors. AIR 2009 SC 2506 and opined that in the case of the death of a child a notional income of ` 15,000/- is to be taken and on applying the multiplier of '15' the loss of dependency was held to be `

2,25,000/-. The Claimants were further held to be entitled for a sum of ` 75,000/- towards future prospects and ` 75,000/- towards loss of love and affection. The present case is squarely covered by the judgment in National Insurance Company Limited v. Farzana & Ors. (supra). I shall follow the same. Since, the interest rates have risen, I would not interfere with the award of interest @ 8% per annum.

3. The enhanced amount of ` 75,000/- along with interest @ 8% per annum shall be deposited with the Registrar General of this Court within 30 days, which shall be held in Fixed Deposit for a period of three years in equal proportion in the name of the Appellants.

4. The Appeal is allowed in above terms.

(G.P. MITTAL) JUDGE JANUARY 24, 2012 hs