Kuldeep Singh Bawa & Ors. vs Tika Ram & Ors
2012 Latest Caselaw 1460 Del

$~16
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                         Date of decision:1st March, 2012

+        MAC. APP. No.1073/2011

         KULDEEP SINGH BAWA & ORS.
                                                    ..... Appellants
                              Through:   Mr. O.P. Mannie with
                                         Mr. Manish Maini, Advocates

                         Versus

         TIKA RAM & 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 Appellants seek enhancement of compensation of `6,54,000/- awarded for the death of Veena Bawa who died in

an accident which occurred on 27.09.1994.

2. The ground of challenge is that the judgment is silent on the aspect that the Claims Tribunal erred in calculating the Income Tax. Instead of calculating the Income Tax on the income beyond `35,000/-, it deducted Income Tax @ 20% on the entire income of the deceased. It is submitted that the Appellants

were not granted any compensation under the head of loss of love and affection.

3. The Appeal must succeed. The liability of Income Tax on the income of `52,020/- for the Assessment Year 1995-96 would come to `3,400/-. On applying the principle as suggested by Sarla Verma & Ors. v. Delhi Transport Corporation & Anr, (2009) 6 SCC 121, i.e. adding 50% towards future prospects, deducting 1/3rd towards personal and living expenses and applying the multiplier of 15, the loss of dependency comes to `7,29,300/-.

4. In addition to this, the Appellants would also be entitled to a sum of `10,000/- towards loss of love and affection.

5. The compensation is re-computed as under:

          S.No. Head                   of Granted by Granted by
                Compensation              the    Claims this Court
                                          Tribunal

1. Loss of Dependency `6,24,240/- `7,29,300/-

          2.         Loss of Love and        -            `10,000/-

                     Affection
          3.         Loss of Consortium   `10,000/-       `10,000/-

          4.         Funeral Expenses     `10,000/-       `10,000/-
          5.         Loss to Estate       `10,000/-       `10,000/-

                     Total                `6,54,240/-     `7,69,300/-R

6. The overall compensation is thus enhanced from `6,54,240/- to `7,69,300/- which shall carry interest @ 7.5% per annum from the date of filing of the Petition till the date of payment.

7. The Respondent No.3 National Insurance Company Ltd. is directed to deposit the enhanced amount of `1,15,060/- along with interest within six weeks with the Registrar General of this Court.

8. The amount shall be equally disbursed between the three Appellants and shall be released on deposit.

9. The Appeal is allowed in above terms.

(G.P. MITTAL) JUDGE MARCH 01, 2012 pst