Parvati Devi vs Baldev Singh & Ors.
2012 Latest Caselaw 6577 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                  Date of Decision: 16th November, 2012



+     MAC. APP. 488/2005


      PARVATI DEVI                                       ..... Appellant
                        Through    Mr.O.P.Mannie, Advocate

                                   versus

      BALDEV SINGH & ORS.                               ..... Respondents
                   Through         Mr.Pankaj Seth,     Advocate for R-2
                                   Insurance Company


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

G. P. MITTAL, J. (ORAL)

1. The Appellant is aggrieved by an order dated 07.03.2005 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a Claim Petition filed under Section 163-A of the Motor Vehicles Act, was dismissed solely on the ground that the Claim Petition was not maintainable as the deceased's income was claimed to be more than ` 40,000/- per annum.

2. It is urged by the learned counsel for the Appellant that before the Claims Tribunal the income of the deceased as a driver was claimed at ` 3,000/- per month. No proof of the deceased's income was filed by the Appellant. The Appellant Parvati Devi, as her own witness testified that her son was earning ` 5,000-6,000/- per month, that is why the Claim Petition was dismissed.

3. In the Claim Petition, the income of the deceased was claimed as ` 3,000/- per month but there was no cogent evidence produced in support thereof.

4. The Appellant Parvati Devi was entitled to compensation only on the basis of the minimum wages of an unskilled worker, that is, ` 1,545/- per month. Obviously, this amount was much less than the capped income of ` 40,000/- per annum as mentioned in the second schedule.

5. In view of this the Appeal is allowed; the impugned order is set aside and a compensation of ` 1,97,760/- is awarded towards loss of dependency (1545 x 2/3 x 12 x 16).

6. The deceased was a bachelor. The Appellant would be further entitled to a sum of ` 2,000/- towards loss to estate and ` 2,500/- towards funeral expenses.

7. The overall compensation thus comes to ` 2,02,260/- which shall carry interest @ 7.5% per annum from the date of filing of the Petition till its payment.

8. The award amount shall be deposited with the Claims Tribunal within six months and shall be equally proportioned amongst the Appellants.

9. Pending Applications stand disposed of.

(G.P. MITTAL) JUDGE NOVEMBER 16, 2012 v