United India Insurance Company ... vs Bablesh Kumari Yadav & Ors
2012 Latest Caselaw 4007 Del

*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                          Date of decision: 9th July, 2012
+        MAC.APP. 692/2012

         UNITED INDIA INSURANCE COMPANY LTD..... Appellant
                       Through: Mr. Abhishek Kumar, Adv.

                     versus


         BABLESH KUMARI YADAV & ORS                      ..... Respondent
                     Through: Nemo.

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

                              JUDGMENT

G. P. MITTAL, J. (ORAL) CM APPL.1182 /2012 (Exemption) Exemption allowed, subject to all just exceptions.

The Application is allowed.

MAC.APP. 692/2012

1. The Appeal is for reduction of compensation of `21,20,000/-

awarded in favour of the Respondents No.1 to 3 for the death of Sandeep Yadav, who died in a motor vehicle accident which occurred on 01.12.2009.

2. The judgment is challenged on the ground that the Motor Accident Claims Tribunal (the Claims Tribunal) erred in taking

the deceased's income to be `15,000/- per month although the deceased was a student undergoing Graduation Course of Bachelor of Journalism and Mass Communication in Faridabad Institute of Technology, Manav Rachna Educational Institute, Faridabad. It is stated that in the circumstances, the Claims Tribunal ought to have awarded the compensation on the basis of salary of a Matriculate under the Minimum Wages Act.

3. It is contended that the compensation of `50,000/- awarded towards loss of love and affection is on the higher side.

4. It is well settled that the potential income of a student pursuing a professional course should be taken into consideration to award loss of dependency.

5. In the case of Haji Zainullah Khan (Dead) by Lrs. v. Nagar Mahapalika, Allahabad, 1994 (5) SCC 667, death of a young boy, aged 20 years took place in an accident which happened in the year 1972. The deceased was a student of B.Sc Ist year (Biology), a compensation of `1,46,900/- was increased and rounded off to ` 1,50,000/-.

6. In Ganga Devi & Ors. v. New India Assurance Co. Ltd. & Ors., MAC APP. 359/2008, decided by this Court on 23.11.2009, which related to the death of a student (studying medicine) who was doing internship and was to be awarded the MBBS degree in a short time, the Tribunal awarded a compensation of ` 9,35,352/- on the basis of the minimum wages of a Graduate.

This Court observed that although the deceased was getting a stipend of ` 5,000/- per month at the time of his death due to the accident, he would have ultimately joined as a doctor at a salary ranging between ` 16,000/- per month to ` 25,000/- per month. Thus, the average monthly income of the deceased was taken as ` 18,000/- and after adding 50% towards future prospects, the

compensation was enhanced to ` 21,36,000/-.

7. In Ramesh Chand Joshi v. New India Assurance Company MAC APP.212-213/2006 decided on 20.01.2010 this Court took the potential income of a BE (Bio-Technology) First year student of Delhi College of Engineer (DCE) as `38,333/- per month.

8. Turning to the facts of the instant case, the Respondents No.1 to 3 led evidence to prove that Ms. Gunjan Jain PW-4 who was a classmate of the deceased after doing further one year Diploma in Journalism from Indian Institute of Mass Communication got a Campus placement on a salary of `20,000/- per month. In the circumstances, the Claims Tribunal was justified in taking the potential income of the deceased to be `15,000/- per month.

9. The compensation of ` 20,40,000/- awarded on account of loss of dependency therefore cannot be faulted.

10. The Claims Tribunal awarded a sum of `50,000/- towards loss of love and affection. Loss of love and affection can never be measured in terms of money. Thus, uniformity has to be adopted by the Courts while granting non-pecuniary damages.

The Supreme Court in Sunil Sharma v. Bachitar Singh (2011) 11 SCC 425 and in Baby Radhika Gupta v. Oriental Insurance Company Limited (2009) 17 SCC 627 granted only ` 25,000/- (in total to all the claimants) under the head of loss of love and affection. However, in this case in overall compensation of `21,20,000/-, I would not like to interfere with the award, if a sum of `50,000/- has been awarded towards loss of love and affection instead of `25,000/-.

11. In my view, the compensation of `21,20,000/- is just and reasonable.

12. The Appeal is devoid of any merit; the same is accordingly dismissed in limini.

13. The statutory deposit of `25,000/- be refunded to the Appellant Insurance Company.

14. Pending Applications also stand disposed of.

(G.P. MITTAL) JUDGE JULY 09, 2012 vk