Mto, 1 Air Formation Signal ... vs Sunita Devi & Ors.
2012 Latest Caselaw 2939 Del

$~19
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                         Date of decision:3rd May, 2012
+        MAC. APP. No.409/2011

         MTO, 1 AIR FORMATION SIGNAL REGIMENT
                                      ..... Appellant
                       Through: Mr. Anurag Kasana, Senior
                                Central Government Counsel

                        Versus

         SUNITA DEVI & ORS.
                                               ..... Respondents
                             Through:   Ms.Nikita Sharma, Advocate
                                        for the Respondents No.1 to 4


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

                             JUDGMENT

G. P. MITTAL, J. (ORAL)

CM. APPL. No.91431/2011(delay) There is delay of 163 days in filing the Appeal. For the reasons as stated in the application, the delay is condoned.

The application stands disposed of.

MAC APP. 409/2011

1. The Appeal is for reduction of compensation of `19,63,230/-

awarded for the death of Uday Singh Aswal who died in an accident which occurred on 10.09.2009.

2. The grounds of challenge are that the Claims Tribunal erred in granting future prospects in spite of the fact that there was no evidence with regard to the same and, secondly it is stated that the compensation of `40,000/- towards loss of love and affection is on the higher side.

3. It is borne out from the record that the deceased Uday Singh Aswal was appointed as a Commando with the Institute for Integrated Learning in Management (IILM) by an appointment letter dated 06.09.2004 and was getting a salary of `5,740/-. By the date of the accident, his salary was enhanced to `9399/-. It is, therefore, evident that the salary of the deceased was being increased from time to time and this also shows that there was more than 50% increase in the deceased's income during the span of five years. The Claims Tribunal rightly granted future prospects.

4. As far as the grant of `40,000/- towards loss of love and affection is concerned, normally a sum of `25,000/- only is awarded. However, in a compensation of `19,63,230/-, an addition of `15,000/- would not make it excessive or exorbitant.

5. In view of the above, the compensation awarded is just and reasonable. The amount shall be apportioned in the proportion of 25%, 10%, 5% and 10% respectively in favour of the Respondents No.1 to 4. The Respondent No.2 is minor; the amount payable to her shall be held in Fixed Deposit till she attains the age of 21 years. 70% of the amount payable to the

Respondent No.1 shall be held in Fixed Deposit for a period of two years, four years, six years and eight years respectively. Rest shall be released to her immediately. She shall be entitled to quarterly interest on the amount held in Fixed Deposit. 50% of the amount payable to the Respondents No.3 and 4 shall be held in Fixed Deposit for a period of two years. Rest of the amount shall be released to them immediately.

6. The Appeal is devoid of any merit; the same is accordingly dismissed.

7. Any other application pending, if any, stands disposed of accordingly.

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