Delhi High Court
Shashi Rawat & Ors vs Anshul Gupta & Ors on 20 March, 2012
Author: G.P. Mittal
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 20th March, 2012
+ MAC.APP. 534/2008
SHASHI RAWAT & ORS ..... Appellant
Through: Mr.Santosh Chaurasia, Adv.
Versus
ANSHUL GUPTA & ORS ..... Respondent
Through: Ms. Suman Bagga, Adv. for R3.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. The Appeal is for enhancement of compensation of `14,42,000/-
awarded for the death of Suresh Singh Rawat, who died in an
accident which occurred on 06.11.2006.
2. In the absence of any Appeal by the owner or the Insurance
Company, I am not to go into the finding of negligence which
has become final between the parties.
3. The contentions raised on behalf of the Appellants are:-
(i) The deceased was in settled employment having good
future prospects yet the Claims Tribunal did not make
any addition on account of future prospects.
(ii) The rate of interest awarded was on the lower side.
4. The deceased was in employment with Martin and Herries Pvt.
Ltd. since the year 2000 and he continued to work with this
company till his death due to accident in the year 2006. The
deceased's salary was continuously increasing from time to
time. The Appellants No. 1 to 5 produced Harsh Kumar PW-1,
who testified about the deceased's salary. He deposed that the
deceased was promoted to the post of Assistant Branch
Manager w.e.f. 01.09.2006. He could have been promoted to
the post of Branch Manager and could have become Regional
Manager before the age of his retirement and would have drawn
a salary of ` 25,000/- per month.
5. In view of the evidence produced, on the basis of principle laid
down in Sarla Verma & Ors. v. Delhi Transport Corporation &
Anr., (2009) 6 SCC 121, the Appellants were entitled to addition
of 50% considering that the deceased was aged 34 years on the
date of the accident. The deceased was getting a sum of `
1,800/- towards conveyance allowance and ` 1,000/- as uniform
allowance. These allowances being incidental to employment,
these amounts are liable to be deducted from the salary of the
deceased. The compensation is computed as under:-
Compensation Compensation
awarded by awarded by this
Claims court
Tribunal
1. Loss of dependency `13,82,000/-- `17,26,272/
(`10,792-
2,800+50%x3/4x12
x16)
2. Love and Affection ` 50,000/- ` 25,000/-
3. Funeral Expenses `5,000/- `10,000/-
4. Loss to Estate `5,000/- `10,000/-
5. Loss of Consortium NilNNil `10,000/-
Total `14,42,000/- `17,81,272/-
6. The Claims Tribunal awarded interest @ 7.5% per annum. The
interest rates on bank deposits have started rising since the year
2009. Bank's rate of interest on Long Term Deposits is about
9% per annum since January, 2010. The Appellants would be
entitled to interest on the enhanced compensation of `3,39,272/-
@ 7.5% from the date of filing of the petition till 31.12.2009
and then @9% per annum w.e.f. 01.01.2010 till the date of
payment.
7. The Respondent No.3 is directed to deposit the compensation
within six weeks from today.
8. Statutory amount shall also be refunded to the Appellants.
9. The Appeal is allowed in above terms.
10. Dasti to the counsel for Respondent No.3.
(G.P. MITTAL)
JUDGE
MARCH 20, 2012
mr
