Banarasi Yadav & Anr. vs M/S. Drs Logistics P. Ltd. & Ors
2012 Latest Caselaw 83 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                          Decided on: 4th January, 2012
+       MAC APP. 778/2011

        BANARASI YADAV & ANR.                   ..... Appellants
                       Through: Mr. Anil Mittal, Advocate
                versus

        M/S. DRS LOGISTICS P. LTD. & ORS      ..... Respondents
                       Through: Ms. Suman Bagga, Advocate
                                 for R-3/Insurance Company.
        CORAM:
        HON'BLE MR. JUSTICE G.P.MITTAL
                           JUDGMENT

G. P. MITTAL, J. (ORAL)

1. Appellants seek enhancement of the compensation for death of Ranjeet Yadav, who died in a motor accident which took place on 22.10.2009. It is alleged that the deceased was working as a Office Boy and was getting a salary of ` 4,000/- per month. He was also earning `1,000/- per month by selling newspapers.

2. The Tribunal believed the salary of `4,000/- per month, deducted 50% towards the personal and living expenses (in the case of a bachelor), applied the multiplier of 9 according to the age of the deceased's mother (59 years) and computed the loss of dependency to ` 2,16,000/-. In addition, the Tribunal granted a sum of `10,000/- towards loss of love and affection and ` 10,000/- towards loss of estate and `5,000/- towards funeral expenses.

3. It is urged by the learned counsel for the Appellants that every person has got future prospects and therefore, even if the deceased was working as a Peon in a small establishment, some amount towards future prospects ought to have been granted. I would not agree. There was neither any evidence of the deceased being in a stable employment nor any evidence of future prospects. The Tribunal rightly did not grant any future prospects.

4. The award of compensation under conventional heads, however, appears to be lower side. The compensation granted is increased to `25,000/- instead of `10,000/- towards loss of love and affection and `10,000/- towards funeral expenses as against `5,000/- granted by the Tribunal. The overall compensation of

`2,41,000/- awarded by the Tribunal is enhanced to ` 2,61,000/-.

5. The enhanced amount of ` 20,000/- shall carry interest @ 7.5 % per annum from the date of filing of the petition till realization of the amount which shall be payable to the Appellant No.2. The enhanced amount along with interest shall be deposited with the Tribunal and shall be held in the Fixed Deposit in the name of the Appellant No.2 for a period of three years.

6. The Appeal is allowed in above terms.

(G.P. MITTAL) JUDGE JANUARY, 04, 2012 vk