Rani Kandhari vs Lal Chand Meena & Ors.
2012 Latest Caselaw 1717 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                            Decided on: 13th March, 2012

+       FAO 365/2000

        RANI KANDHARI                                   ..... Appellant
                    Through:              Ms.Sunil Aggawal, Advocate

                       versus

        LAL CHAND MEENA & ORS.            ..... Respondents
                    Through: Mr.S.L.Gupta and Mr. Ram
                             Ashray, Advocates for R-3.

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

                                JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appellant Rani Kandhari seeks enhancement of compensation of Rs.70,000/- for the death of her mother Satya Devi who died in an accident which took place on 30.04.1996.

2. During enquiry before the Claims Tribunal it was claimed that the deceased was doing the business of a commission Agent and was earning Rs.8000/- per month. No evidence with regard to the business or the deceased's income was produced. No income tax return was placed on record although any income beyond Rs. 40,000/- was taxable at that time. In the circumstances, the Claims Tribunal awarded a sum of Rs.70,000/- as lump sum compensation.

3. The Appellant is the deceased's married daughter living in

Delhi; whereas the deceased was a resident of Ludhiana. The case is covered by the judgment of the Supreme Court in Smt. Manjuri Bera v. The Oriental Insurance Company Ltd. & Anr., AIR 2007 SC 1474. A compensation of Rs.50,000/- if taken towards Loss to Estate, Rs.15,000/- towards Loss of Love and Affection and Rs.5000/- towards funeral expenses (considering that the accident occurred in the year 1996), then the overall compensation of Rs.70,000/- awarded by the Claims Tribunal cannot be said to be unreasonable or on the lower side.

4. The Appeal is devoid of any merit. The same is accordingly dismissed.

(G.P. MITTAL) JUDGE MARCH 13, 2012 mr