Rekha & Ors vs Sheshmani & Ors
2012 Latest Caselaw 1793 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Decided on: 15th March, 2012
+       MAC.APP. 890/2011

        REKHA & ORS                          ..... Appellants
                                   Through    Mr. S.N. Parashar, Advocate.

                          versus

        SHESHMANI & ORS                          ..... Respondents
                      Through                Mr. Navneet Goyal, Advocate for
                                             respondent no.3.

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

                                   JUDGMENT

G. P. MITTAL, J. (ORAL)

1. This is an Appeal for enhancement of compensation of `5,33,376/-

awarded for the death of Late Mr. Ram Sanjeevan, who was 45 years on the date of accident which took place on 24.02.2008.

2. The contentions raised thereof by the Appellant are:-

(i) 50% increase in the minimum wages, which was taken as the income of Mr. Ram Sanjeevan, should have been given on account of inflation.

(ii) The compensation awarded towards loss of love and affection be allowed.

3. During inquiry before the Claims Tribunal it was claimed that the deceased was working as a rickshaw puller and was earning `6,000/-

p.m. The first Appellant's testimony, that the deceased had an income of ` 6000/- per month, was challenged by giving her a suggestion. However, the factum of the deceased's profession was not disputed. In the circumstances, the Claims Tribunal ought to have made an assessment of the earning of a rickshaw puller in the year 2008 when the accident occurred. I would make a guess work and assess his income @ of `150/- per day i.e. `4,500/- p.m.

4. The loss of dependency thus comes to ` 6,04,800/- (4,500/- x 4/5 x 12 x 14).

5. The Claims Tribunal awarded a sum of `10,000/- towards Love and Affection. Loss of love and affection can never be measured in terms of money. Thus, uniformity has to be adopted by the Courts while granting non-pecuniary damages. The Supreme Court in Sunil Sharma v. Bachitar Singh (2011) 11 SCC 425 and in Baby Radhika Gupta v. Oriental Insurance Company Limited (2009) 17 SCC 627 granted `25,000/- (in total to all the claimants) under the head of loss of love and affection. Thus, I would enhance the compensation under this head to `25,000/-.

6. The compensation is recomputed as under:-

Sl. Compensation Heads Awarded by Awarded the Claims by this No. Tribunal Court

1. Loss of dependency ` 4,88,376/- ` 6,04,800/-

           2.      Conveyance                        `5,000/-         ` 5,000/-

           3.      Loss of consortium               `10,000/-        `10,000/-





            4.      Loss of love & affection      `10,000/-       `25,000/-

           5.      Loss of estate                `10,000/-       `10,000/-

           6.      Funeral charges               `10,000/-       `10,000/-

                                       Total    `5,33,376/-   `6,64,800/-

7. The compensation is thus enhanced from `5,33,376/- to ` 6,64,800/-.

The enhanced compensation of `1,31,424/- shall carry interest @ 7.5% p.a. as awarded by the Claims Tribunal. The enhanced compensation shall be deposited by the third Respondent Insurance Company within six weeks.

8. The Appeal is allowed in above terms.

9. No costs.

(G.P. MITTAL) JUDGE MARCH 15, 2012 ac