Satender Mahto & Ors vs Mohd Sahbir & Ors
2012 Latest Caselaw 4317 Del

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*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                         Date of decision:23rd July, 2012

+        MAC. APP. No.309/2010

         SATENDER MAHTO & ORS.      ..... Appellants
                     Through: Mr. S.N. Parashar, Advocate

                        Versus

         MOHD SAHBIR & ORS.                    ..... Respondents
                      Through:           Mr. S.L. Gupta with Mr. Ram
                                         Ashray, Advocates for the
                                         Respondent No.3 Insurance
                                         Cpompany.

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

                             JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appeal is for enhancement of compensation of `1,50,000/-

awarded for the death of a two year old child in an accident which occurred on 05.05.2007.

2. It is urged by the learned counsel for the Appellant that the compensation awarded is too meagre for the loss of a life.

3. 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, R.K. Malik & Ors. v. Kiran Pal & Ors. AIR 2009 SC 2506 and opined that in the case of death of a child a notional income of ` 15,000/- is to be taken and 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).

4. The only distinction between the judgments referred to above is that the deceased in this case was a child of just two years. In the circumstances, the Appellants would not be entitled to any compensation towards future prospects. Accordingly, I award a sum of `2,25,000/- towards loss of dependency and a sum of `75,000/- towards non-pecuniary damages.

5. The compensation is enhanced by `1,50,000/- which shall carry interest @ 7.5% from the date of the filing of the Petition till its deposit. The compensation shall be apportioned equally between the parents. 60% of the enhanced compensation shall be held in Fixed Deposit for a period of two years. Rest shall be released on deposit.

6. The Respondent No.3 National Insurance Company Ltd. is directed to deposit the enhanced amount along with interest in the name of the Appellants in UCO Bank, Delhi High Court Branch within six weeks.

7. The Appeal is allowed in above terms.

8. Pending Applications stand disposed of.

(G.P. MITTAL) JUDGE JULY 23, 2012 pst