Kiran & Ors. vs B.L.Jasmera & Ors.
2012 Latest Caselaw 3359 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                        Date of decision: 18th May, 2012
+       FAO 890/2003

        KIRAN & ORS.                                ..... Appellants
                             Through:   Mr. Santosh Chauriha Advocate

                    versus

        B.L.JASMERA & ORS.                         ..... Respondents
                      Through:          Mr. Kamaldeep, Advocate for
                                        R-2/NIC.

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

                             JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appeal is for enhancement of compensation of `7,50,000/-

awarded for the death of Sri Kishan, who was aged 33 years and was working as a driver with the Govt. of India.

2. It is urged on behalf of the Appellants that appropriate addition was not made towards future prospects; considering the number of dependents, deduction towards the personal and living expenses should have been one-fifth instead of one-third taken by the Motor Accident Claims Tribunal (the Claims Tribunal) and that the compensation awarded towards non-pecuniary damages is on the lower side.

3. The Appeal must succeed on all grounds.

4. As per Sarla Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121, the loss of dependency comes to `11,09,606/- (4816/- + 50% x 4/5 x 12 x 16).

5. The compensation is re-computed as under:-

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

1. Loss of Dependency `7,24,200/- `11,09,606/-

2. Medical Expenses and ` 15,000/- ` 15,000/-

Last Rites

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

to Estate & Loss of Love and Affection

4. Loss to Estate -- ` 5,000/-

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

6. Loss of Love & Affection -- ` 15,000/-

Total `7,49,200/- `11,54,606/-

rounded off `7,50,000/-

6. The overall compensation is thus enhanced from `7,50,000/- to `11,54,606/-.

7. The enhanced compensation of ` 4,04,606/- shall carry interest @ 9% per annum from the date of filing of the Petition till the

date of the award by the Claims Tribunal and then @ 7.5% per annum from the date of award till its deposit.

8. Respondent No.2 National Insurance Company Limited is directed to deposit the enhanced compensation along with interest with UCO Bank, Delhi High Court, New Delhi within six weeks in the name of the Appellants.

9. This accident took place in the year 1997. Appellants No.2 to 6 must have attained the age of majority.

10. 40% of the award amount along with the proportionate interest shall go to the Appellant No.7.

11. Rest of the amount along with proportionate interest shall go to Appellant No.1.

12. The Appeal is allowed in above terms.

(G.P. MITTAL) JUDGE MAY 18, 2012 vk