Harjeet Kaur & Ors. vs Aasar Kapoor & Ors.
2012 Latest Caselaw 4309 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      Date of decision: 20th July, 2012
+       MAC.APP. 688/2012

        HARJEET KAUR & ORS.                 ...... Appellants
                     Through           Mr. Manish Maini, Adv.

                    versus

        AASAR KAPOOR & ORS.                      ..... Respondents
                    Through            Mr. K.L. Nandwani, Adv. for
                                       R-3.

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

                             JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appeal is for enhancement of compensation of ` 43,60,139/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) for the death of Ravinder Singh who died in a motor vehicle accident which occurred on 30.04.2011.

2. The finding on negligence is not disputed by the driver, owner or the Insurer. Thus, the same has become final between the parties.

3. The only ground of challenge raised during hearing of the Appeal is that the deceased Ravinder Singh was a permanent employee of the UCO Bank. He was aged about 45 years at the

time of the accident. Therefore, on the basis of the Supreme Court report in Sarla Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121, an addition of 30% was required to be made in the deceased's income to compute the loss of dependency.

4. On the other hand, it is urged by the learned counsel for the Respondent No.3 Insurance Company that the compensation of `1,00,000/- awarded towards loss of love and affection and `50,000/- towards funeral expenses was exorbitant and excessive.

5. It is submitted that when the full compensation is awarded towards the loss of dependency, only a nominal compensation is awarded towards loss of love and affection. The Claims Tribunal erred in granting compensation of `50,000/- towards funeral expenses without any evidence as to the actual expenses.

6. The Appeal must succeed.

7. Since the deceased was aged 45 years, the Claimants were entitled to addition of 30%. The loss of dependency thus comes to ` 52,82,167/- (34,164/- x 12 - (22,996/-) +30% x 3/4 x 14).

8. I further make a provision of `25,000/- towards loss of love and affection and `10,000/- each towards loss of consortium, loss to estate and funeral expenses.

9. The Claimants spent a sum of `1,78,584/- towards the medical treatment. A sum of `1,10,000/- was paid under the medi-claim policy. The balance amount of `68,584/- was awarded by the Claims Tribunal. The same is maintained.

10. The overall compensation thus comes to ` 54,05,751/-.

11. The enhanced compensation of `10,45,612/- shall carry interest @ 7.5% per annum from the date of filing of the petition till its deposit.

12. Respondent No.3 the United India Insurance Company Limited is directed to deposit the enhanced compensation along with interest in the name of the Claimants in the UCO Bank, Delhi High Court Branch, New Delhi within six weeks.

13. The compensation along with interest shall be payable in the proportion as awarded by the Claims Tribunal and shall be held in fixed deposit for a period of three years.

14. The Appeal is allowed in above terms.

(G.P. MITTAL) JUDGE JULY 20, 2012 vk