Kumud & Ors. vs National Insurance Company ...
2012 Latest Caselaw 2934 Del

$~10
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                        Date of decision:3rd May, 2012
+        MAC. APP. No.975/2011

         KUMUD & ORS.                        ..... Appellants
                             Through:   Mr.Peeush Sharma, Advocate

                        Versus

         NATIONAL INSURANCE COMPANY LIMITED & ORS.
                                     ..... Respondents
                      Through: Ms.Nikita Sharma, Advocate
                               for    Ms.     Archana  Gaur,
                               Advocate for the Respondent
                               No.1.
                               Mr. Pramod Kumar Chaudhary,
                               Advocate for the Respondents
                               No.2 & 3.


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

                             JUDGMENT

G. P. MITTAL, J. (ORAL)

1. Certified copy of the evidence recorded by the Claims Tribunal has been filed by the learned counsel for the Appellants. The same is taken on record.

2. The Appeal is for enhancement of compensation of `12,90,540/-

awarded for the death of Deepak Panchal who died in a motor accident which occurred on 27.03.2009.

3. It was proved on record that the deceased was working as an electrician with Uttam Sucrotech International Pvt. Ltd. and was getting a salary of `9,231/- per month on the date of the accident. The Claims Tribunal accepted the deceased's salary as claimed, deducted 1/3rd towards the personal and living expenses and applied the multiplier of '17' to compute the loss of dependency as `12,55,416/-.

4. The contentions on behalf of the Appellants are:

(i) There should have been deduction of 1/4th towards the personal and living expenses instead of 1/3rd as the number of dependents were 4.

(ii) No addition on account of future prospects was made in spite of specific evidence produced by the Appellant with regard to the deceased's future prospects.

5. On the other hand, it is submitted by the Respondent National Insurance Co. Ltd. that the compensation awarded is just and reasonable.

6. In Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121, it was laid down that the father would normally be not considered as dependent. In this case, PW1 Brij Pal Singh, the deceased's father in his statement testified he was working as a welder and had left his work four years back. This testimony was not challenged by giving any suggestion. It is, therefore, evident that the deceased's father

was dependent on him. The other dependents are the deceased's widow, a minor son and the mother. In this view of the matter, the Claims Tribunal erred in deducting 1/3rd towards the personal and living expenses, the deduction of 1/4th should have been made.

7. With regard to the future prospects, the Appellants examined PW3 Nitu Tyagi, Office Executive from the deceased's employer. PW3 deposed that Deepak Kumar (the deceased) was appointed as an electrician on 13.10.2006 on the monthly salary of `6500/-. In the month of March, 2009, his salary had increased to `9231/- per month. He proved the salary certificate Ex.PW3/A. The witness deposed that the deceased was holding a permanent post and could have been promoted in another two or three years. He testified that the salary of the supervisor in their company was about `12,000/- per month. This would reveal that there was sufficient evidence of better future prospects of the deceased. The Claims Tribunal erred in not adding 50% on the basis of the ratio in Sarla Verma(supra). Thus, the loss of dependency comes to `21,18,514/-(`9231 + 50% X 12 X 3/4 X 17).

8. The compensation of `10,000/- awarded towards loss of love and affection is on the lower side. 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, the same is enhanced to `25,000/-.

9. The overall compensation is recomputed as under:

Sl. Compensation under Awarded by Awarded by various heads the Claims this Court No. Tribunal

1. Loss of Dependency `12,55,416/- `21,18,514/-

2. Loss of Love & Affection ` 10,000/- ` 25,000/-

2. Loss of Consortium ` 10,000/- ` 10,000/-

3. Funeral Expenses ` 5,000/- ` 5,000/-

3. Loss to Estate ` 10,000/- ` 10,000/-

Total ` 12,90,416/- ` 21,68,514/-

(rounded off to `12,90,450/-)

10. The overall compensation thus stands enhanced from `12,90,450/- to ` 21,68,514/-.

11. The enhanced amount of compensation shall carry interest @ 7.5% per annum in terms of the order passed by the Claims Tribunal. The Respondent Insurance Company is directed to deposit the amount along with the interest with the Registrar General of this Court within six weeks.

12. The amount of compensation along with interest @ 7.5% as awarded by the Claims Tribunal shall be released to the Appellants (the Claimants) in the proportion and the manner as directed by the Claims Tribunal.

13. The Appeal is allowed in above terms.

(G.P. MITTAL) JUDGE MAY 03, 2012 pst