Jyanti Devi & Anr vs Rajender Singh & Ors
2012 Latest Caselaw 1835 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                         Decided on: 16th March, 2012
+       MAC.APP. 214/2011


        JYANTI DEVI & ANR                  ..... Appellant
                       Through        Mr. O.P. Mannie, Advocate.

                     versus


        RAJENDER SINGH & ORS                   ..... Respondent
                      Through         Mr. K.L. Nandwani, Advocate.


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

                              JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appeal is for enhancement of compensation of `7,56,000/-

awarded for the death of Amit Kumar, who died in an accident which occurred on 28.08.2008. The deceased was aged 28 years and he was working as System Administrator with M/s Velocis System Pvt. Ltd. and was getting a salary of `11,000/- per month.

2. In fact, initially a compensation of `8,88,000/- was awarded assuming the age of the First Appellant to be 49 years. Later on, an application u/s 114 CPC for correction of the award was made on the ground that as per the Ration Card the age of the

deceased's mother was 55 years. The learned counsel for the Appellants before the Claims Tribunal admitted this fact and the multiplier was reduced from '13' to '11'.

3. The sole contention raised on behalf of the Appellant is that the deceased was in permanent employment. There was evidence as to the deceased's bright future prospects but Appellants were denied any benefit on account of Amit Kumar's bright future prospects.

4. On the other hand, learned counsel for the Respondent/Insurance Company states that in Sarla Verma v. Delhi Transport Corporation 2009 6 SCC 121, the Supreme Court ruled that in case of persons having fixed salary usually no future prospects should be considered.

5. In order to establish the deceased's income the Appellant No.2 appeared as PW-1 and deposed that deceased was getting a salary of `11,000/- per month. The Appellants examined Mr.Vijay Pal Singh Belwal, (PW-3) Office Assistant in Velocis System Pvt. Ltd. He proved Form-16 as Ex.PW-3/1 and PW- 3/2 and salary slips as Ex.PW-3/3 and PW-3/4. He testified that on the basis of the record brought him that the salary of the deceased was going to be increased upto `3000/- in the next six months. The witness denied the suggestion that the documents produced by him were not genuine.

6. The reliance on Sarla Verma (supra) is misplaced. Testimony of PW-3 that the salary of deceased was going to increase upto `3000/- in the next six months and the fact that he was in

regular employment were sufficient to establish that the deceased had bright future prospects. The Appellants were entitled to the benefit of 50% increase in the deceased's income on the date of the accident.

7. The loss of dependency on giving this benefit would come to `10,89,000/- (`11,000+50%x1/2x12x11).

8. I would further award 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 is increased from `7,56,000/- to `11,34,000/-.

9. The enhanced compensation of `3,78,000/- shall carry interest @ 7.5% from the date of filing of the petition till the date of deposit. 75% of the enhanced compensation shall be given to the Appellant No.1 and 25% to the Appellant No.2.

10. 75% of the enhanced compensation shall be held in Fixed Deposit in the name of each of the Appellant for 2 years and 4 years and rest of the compensation shall be released immediately on deposit.

11. The Respondent No.3 is directed to deposit the compensation within six weeks from today.

12. The Appeal is allowed in above terms.

(G.P. MITTAL) JUDGE MARCH 16, 2012 mr