Badrun Nisha vs Bhordiya Girdhar & Ors
2012 Latest Caselaw 1595 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                              Decided on: 6th March, 2012
+       MAC.APP. 457/2010

        BADRUN NISHA                                ..... Appellant
                             Through:   Mr. Manish Mannie, Adv.

                    versus

        BHORDIYA GIRDHAR & ORS          ..... Respondents
                      Through:   Ms. Santha Devi Raman, Adv.
                                 for R-3
        CORAM:
        HON'BLE MR. JUSTICE G.P.MITTAL
                       JUDGMENT

G. P. MITTAL, J. (ORAL)

1. This appeal is for enhancement of compensation of Rs.2,18,000/-

awarded for the death of a bachelor Nafis Ahmed who died in an accident

which occurred on 16.7.2007.

2. The Claims Tribunal by the impugned judgment took the income

Rs.3,000/- per month, deducted 50% towards his personal and living

expenses applied the multiplier 11 to compute the loss of dependency as

Rs.1,98,000/-. On awarding a sum of Rs.10,000/- towards funeral expenses

and Rs.10,000/- towards loss of love and affection overall compensation of

Rs.2,18,000/- was awarded.

3. It is urged by the learned counsel for the Appellant that the

deceased's income of Rs.8,000/- per month, in view of unchallenged

testimony of the Appellant, ought to have been accepted by the Claims

Tribunal. On the other hand, the learned counsel for the Respondent

supports the impugned judgment on the ground that in the absence of any

documentary evidence, the Claims Tribunal was right in taking the

deceased's income to be ` 3,000/- per month.

4. The appeal is bound to succeed. The Appellant's testimony that her

son was working as a tailor and earning ` 8,000/- per month was not

challenged in cross-examination. I do not see any reason not to accept the

deceased's income to be ` 8,000/- per month. On making provision of 50%

towards his personal living expenses and applying multiplier of 11 the loss

of dependency comes to ` 5,28,000/-(8000x12x1/2x11). I add a sum of `

25,000/- towards loss of love and affection, ` 10,000/- towards loss to estate

and ` 10,000/- towards funeral expenses. The overall compensation comes

to ` 5,73,000/-.

5. The enhanced compensation of `,3,55,000/- shall carry interest @

7.5% per annum from the date of filing of the petition till the date of the

payment.

6. The Respondent Insurance Company is directed to deposit the

enhanced amount within 30 days with the Registrar General of this Court.

25% of the enhanced amount shall be released to the Appellant forthwith.

Rest 75% shall be held in Fixed Deposit in UCO Bank, Delhi High Court

Branch for a period of 2 years, 4 years, 6 years in equal proportion.

7. The appeal is allowed in above terms.

(G.P. MITTAL) JUDGE MARCH 06, 2012 dk