Sunita Gupta & Anr vs Karam Singh & Anr
2012 Latest Caselaw 4013 Del

*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                         Date of decision: 9th July, 2012
+        MAC.APP. 637/2011

         SUNITA GUPTA & ANR                       ..... Appellant
                      Through:           Mohd. Ikram, Adv.

                     versus


         KARAM SINGH & ANR                        ..... Respondent
                      Through:           Mr. R.C. Mahajan, Adv. for
                                         R-2.

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

                              JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appeal is directed against a judgment dated 16.03.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) (in Suit No.413/2008) whereby a compensation of `3,75,000/- was awarded for the death of a minor child, aged about 14 years.

2. It is urged that the Claims Tribunal awarded a sum of `75,000/-

towards non-pecuniary damages and `75,000/- towards future prospects which was very meager. The Claims Tribunal ought to have awarded a sum of `1,50,000/- towards non-pecuniary damages and future prospects.

3. I do not agree.

4. The Claims Tribunal relied upon the judgment of the Supreme Court in R.K. Malik v. Kiran Pal, 2009 ACJ 1924 (SC) and a judgment rendered by a learned Single Judge of this Court in National Insurance Company v. Farzana & Ors., 2009 ACJ 2763 while awarding compensation of `2,25,000/- towards loss of dependency on a notional income of `15,000/- (without making any deduction) towards personal and living expenses and `75,000/- each towards future prospects and non-pecuniary damages.

5. The case is squarely covered by the judgment referred hereinabove and does not call for any interference.

6. The Appeal is devoid of any merit; the same is accordingly dismissed.

7. Pending Applications also stand disposed of.

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