Delhi High Court
Ram Shree & Ors. vs Jai Singh & Ors. on 1 June, 2012
Author: G.P. Mittal
$~R-57
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision:1st June, 2012
+ MAC. APP. No.147/2004
RAM SHREE & ORS. ..... Appellant
Through: Mr. J.S. Kanwar, Advocate
Versus
JAI SINGH & ORS. ..... Respondents
Through: Mr. Pankaj Seth, Advocate for the
Respondent No.3 Insurance
Company.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. The Appeal is for enhancement of compensation of `5,42,000/-
awarded for the death of Rajender Singh who died in a motor
accident which occurred on 13.03.1998.
2. The deceased was running his business of electroplating in the
name and style of M/s. R.S. Steel Industries. The Motor
Accident Claims Tribunal(the Claims Tribunal) found that the
accident was caused on account of rash and negligent driving of
the First Respondent (driver of truck No.DEL-2887). The
Claims Tribunal held that the deceased's income had
consistently increased from `18,200/- in the year 1987-88 to
`50,150/- at the time of his death. Therefore, on adding future
prospects it (the Claims Tribunal) treated the deceased's income
to be `62,580/-, deducted 1/3rd towards his personal and living
expenses, applied a multiplier of '13' to compute the loss of
dependency.
3. Since the deceased's income was consistently increasing and he
was above 40 and less than 50 years, the Appellants were
entitled to an addition of 30% on account of future prospects as
per the report of this Court in SANTOSH KHANDELWAL &
ORS. v. ABBAS & ORS. (MAC. APP.No.31/2010) decided on
16.03.2012. The number of dependents were seven and thus
1/5th was required to be deducted towards the personal and
living expenses. Following the principles laid down in Sarla
Verma v. Delhi Transport Corporation 2009 6 SCC 121, the
loss of dependency comes to `7,15,624/- (`50,150/- - 1000/-
(Income Tax) + 30% x 4/5 x 14).
4. Considering that the accident took place in the year 1998, I
would make a provision of `15,000/- towards loss of love and
affection and `5,000/- each towards loss of consortium, funeral
expenses and loss to estate.
5. The overall compensation thus stands enhanced from
`5,42,000/- to `7,45,624/-.
6. The enhanced compensation of `2,03,624/- shall carry interest
@ 7.5% per annum from the date of filing of the Petition till its
payment.
7. A compensation of `20,000/- each along with proportionate
interest shall be payable to the Appellants No.2 to 7. Rest of the
amount along with proportionate interest shall enure for the
benefit of the First Appellant.
8. The Respondent No.3 New India Assurance Co. Ltd. is directed
to deposit the enhanced compensation in the UCO Bank, Delhi
High Court Branch in the name of the Appellants within eight
weeks.
9. The accident took place fourteen years back. The Appellants
No.6 and 7 might have attained majority by now. The
compensation payable to the Appellants No.2 to 7 shall be
released immediately. 50% of the compensation payable to the
First Appellant shall be held in Fixed Deposit for a period of
three years. Rest 50% shall be released to her immediately on
deposit.
10. The Appeal is allowed in above terms.
11. Pending Applications stand disposed of.
(G.P. MITTAL)
JUDGE
JUNE 01, 2012
pst
