Delhi High Court
Sita Devi & Anr. vs Virender Singh Rawat & Ors. on 5 March, 2012
Author: G.P. Mittal
$~19 & 20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision:5th March, 2012
+ MAC. APP. No.128/2011
SITA DEVI & ANR.
..... Appellants
Through: Mr. L.S. Chaudhary, Advocate
Versus
VIRENDER SINGH RAWAT & ORS. ..... Respondents
Through: Mr. A.K. Soni, Advocate for
Respondent No.3 Insurance
Company
WITH
+ MAC. APP. No.454/2011
THE ORIENTAL INSURANCE CO. LTD. ..... Appellant
Through: Mr. A.K. Soni, Advocate
Versus
SITA DEVI & ANR. ..... Respondents
Through: Mr. L.S. Chaudhary, Advocate
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. These are two Cross-Appeals arising out of a judgment dated
03.01.2011 whereby a compensation of Rs.13,35,000/- was
awarded for the death of Ajay Bharti, a BAMS student. His
potential income was taken to be Rs.15,000/-, after deducting
50% towards personal and living expenses (since he was a
bachelor), and on adopting a multiplier of 14, the loss of
dependency was assessed as Rs.12,60,000/-.
2. In fact, initially an order for monthly payment of compensation
was passed by the Claims Tribunal by an order dated
18.03.2009. The same was challenged by the Oriental
Insurance Co. Ltd. in MAC APP. 356/2009. During pendency
of the Appeal, a direction was issued to the Secretary/Registrar,
Central Council of Indian Medicine, Ministry of Health and
Family Welfare, Government of India and Delhi Bhartiya
Chikitsa Parishad, Department of Health and Family Welfare,
Govt. of NCT of Delhi to provide relevant data as to the
prospective income of a student on completion of BAMS
course. A letter dated 08.04.2010 was written to the Registrar
General of this Court by the Secretary, Central Council of
Indian Medicine, Ministry of Health and Family Welfare,
Government of India informing that the starting salary of a
BAMS student after implementation of the 6th Pay Commission
(w.e.f. 01.01.2006) would be about Rs.29,160/-.
3. In the case of a student pursuing a professional course, the
Tribunal is to consider the potential income of the deceased
after completion of the course. In the case of Haji Zainullah
Khan (Dead) by Lrs. v. Nagar Mahapalika, Allahabad, 1994
(5) SCC 667, death of a young boy, aged 20 years took place in
an accident which happened in the year 1972. The deceased
was a student of B.Sc Ist year (Biology), a compensation of
` 1,46,900/- was increased and rounded off to ` 1,50,000/-.
4. In Ganga Devi & Ors. v. New India Assurance Co. Ltd. & Ors.,
MAC APP. 359/2008, decided by this Court on 23.11.2009,
which related to the death of a student (studying medicine) who
was doing internship and was to be awarded MBBS degree in a
short time, the Tribunal awarded a compensation of `
9,35,352/- on the basis of the minimum wages of a Graduate.
This Court observed that although the deceased was getting a
stipend of ` 5,000/- per month at the time of his death in the
accident, he would have ultimately joined as a doctor at a
salary ranging between ` 16,000/- per month to ` 25,000/- per
month. Thus, average monthly income of the deceased was
taken as ` 18,000/- and after adding 50% towards future
prospects, the compensation was enhanced to ` 21,36,000/-.
5. Learned counsel for the Claimants submits that some future
prospects should be added in the salary as shown in the letter
dated 08.04.2010, whereas Mr. A.K. Soni, Advocate appearing
on behalf of the Insurance Company submits that it is only a
few graduates in Indian Medicine Ayurveda (BAMS) who
would get employment with the Government. I would agree
that it would be only a few graduates in Ayurvedic Medicine
who would be able to get Government employment. In the
circumstances, I would take potential income of the deceased
Ajay Bharti to be Rs.25,000/- (inclusive of future prospects).
On deducting 50% towards personal living expenses and
adopting a multiplier of 14 as per the age of the deceased's
mother, deducting Income Tax of Rs.40,000/-, the loss of
dependency comes to Rs.18,20,000/-(Rs.2,60,000/- ÷ 2 X 14).
On adding a sum of Rs.25,000/- towards loss of love and
affection (Sunil Sharma v. Bachitar Singh (2011) 11 SCC 425
and Baby Radhika Gupta v. Oriental Insurance Company
Limited (2009) 17 SCC 627) and Rs.10,000/- towards loss to
estate and Rs.10,000/- towards funeral expenses, the overall
compensation comes to Rs.18,65,000/-.
6. The enhanced compensation of Rs.5,30,000/- shall carry interest
@ 7.5% per annum as granted by the Claims Tribunal. The
enhanced compensation of Rs.5,30,000/- along with interest
shall be deposited by the Oriental Insurance Co. Ltd. with the
Registrar General of this Court within six weeks.
7. The amount of enhanced compensation along with interest shall
be disbursed equally in favour of the Appellants Claimants in
MAC APP. No.128/2011 and shall be held in a Fixed Deposit
for a period of three years with UCO Bank, Delhi High Court
Branch.
8. Statutory amount of Rs.25,000/- shall be released to the
Appellant Oriental Insurance Company Ltd. in MAC APP
No.454/2011.
9. The compensation already deposited shall be released/held in
Fixed Deposit as directed by the Claims Tribunal.
10. MAC APP. No.128/2011 is allowed in above terms.
11. MAC APP No.454/2011 stands dismissed.
(G.P. MITTAL)
JUDGE
MARCH 05, 2012
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