Delhi High Court
Uttarakhand Transport ... vs Baleshwari @ Bala & Ors on 8 October, 2012
Author: G.P. Mittal
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 8th October, 2012
+ MAC.APP. 355/2012
UTTARAKHAND TRANSPORT CORPORATION. ..... Appellant
Through Mr.Harish Chandra Pant, Advocate
versus
BALESHWARI @ BALA & ORS ..... Respondents
Through Mr.Partap Singh, Advocate for R1 to R-6
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. The Appeal is for reduction of compensation of `13,06,000/- awarded by
the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of
Respondents No.1 to 6 for the death of Vinod Kumar, who died in a
motor vehicle accident, which occurred on 07.01.2011.
2. During inquiry before the Claims Tribunal, it was claimed that deceased
Vinod Kumar was doing a private job and earning `10,000/- per month.
3. In the absence of any cogent evidence with regard to the deceased's
income, the Claims Tribunal declined to believe that the deceased's
income was `10,000/- per month.
4. Thus, the Claims Tribunal took the minimum wages of an unskilled
worker, that is, `5278/- as fixed by the Govt. of NCT of Delhi under the
Minimum Wages Act at the time of accident; added 50% towards future
prospects; deducted one-fourth towards personal and living expenses (as
per the dependants as six) and applied the multiplier of 14 to compute the
loss of dependency.
5. The only ground of challenge raised by the Appellant Uttarakhand
Transport Corporation is that since the deceased was aged 41 years, there
could be an addition of only 30% in the income towards inflation/future
prospects.
6. I would agree with the learned counsel for the Appellant. Although there
was no evidence with regard to the deceased's future prospects, even if
there would have been any evidence, the Claimants would have been
entitled to an addition of 30%, as the deceased was aged more than 40
years. (see Sarla Verma v. DTC, (2009) 6 SCC 121 and Santosh Devi v.
National Insurance Company Ltd. & Ors., 2012 (4) SCALE 559.)
7. The loss of dependency thus comes to `8,64,536/-(5278 + 30% x 3/4 x 12
x 14).
8. The Claims Tribunal awarded a sum of `10,000/- towards loss of
consortium, `60,000/- towards love and affection @ `10,000/- to each
Claimant, `10,000/- towards loss to estate and `10,000/- towards funeral
expenses diet, which is not challenged.
9. The overall compensation thus comes to `9,54,536/-
10. Consequently, the overall compensation stands reduced from
`13,06,000/- to `9,54,536/-.
11. The excess compensation of `3,51,464/- along with proportionate interest
and the interest accrued, if any, during the pendency of the Appeal shall
be refunded to the Appellant Uttarakhand Transport Corporation.
12. The compensation awarded to the Claimants shall be released/held in
fixed deposit in terms of the order passed by the Claims Tribunal.
13. The statutory deposit of `25,000/- be refunded to the Appellant
Uttarakhand Transport Corporation.
14. The Appeal is allowed in above terms.
15. Pending Applications also stand disposed of.
(G.P. MITTAL)
JUDGE
OCTOBER 08, 2012
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