Delhi High Court
Usha & Anr. vs Pramjeet Singh & Anr. on 12 October, 2012
Author: G.P. Mittal
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 12th October, 2012
+ MAC. APP. 369/2012
USHA & ANR. ..... Appellants
Through: Mr. Manish Maini, Adv.
versus
PRAMJEET SINGH & ANR. .... Respondents
Through: Mr. Onkar Pandey, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. The Appeal is for enhancement of compensation of `5,10,550/- awarded
for the death of Vaibhav Kumar, a B.Tech first year student from MGM
College of Engineering & Technology, Noida, U.P. who died in a motor
vehicle accident which occurred on 14.12.2008.
2. In the absence of any Appeal by the driver, owner or the Insurer, the
finding on negligence has attained finality between the parties.
3. While computing the loss of dependency, the Claims Tribunal observed
that the deceased Vaibhav Kumar was a student of B.Tech. first year. The
Claims Tribunal, therefore, took the minimum wages of an under
Graduate; and made an addition of 50% towards future prospects to
compute the loss of dependency.
4. It is urged by the learned counsel for the Appellants that since the
deceased was a student pursuing a professional course, the prospective
income ought to have been taken into consideration to compute the loss
of dependency.
5. It is no longer res integra that potential income of a student pursuing
professional course has to be taken into consideration to award the loss of
dependency.
6. In the case of Haji Zainullah Khan (Dead) by Lrs. v. Nagar Mahapalika,
Allahabad, 1994 (5) SCC 667, death of a young boy, aged 20 years took
place in an accident which happened in the year 1972. The deceased was
a student of B.Sc Ist year (Biology), a compensation of `1,46,900/- was
increased and rounded off to ` 1,50,000/-.
7. In Ganga Devi & Ors. v. New India Assurance Co. Ltd. & Ors., MAC
APP. 359/2008, decided by this Court on 23.11.2009, which related to the
death of a student (studying medicine) who was doing internship and was
to be awarded the MBBS degree in a short time, the Tribunal awarded a
compensation of ` 9,35,352/- on the basis of the minimum wages of a
Graduate. This Court observed that although the deceased was getting a
stipend of ` 5,000/- per month at the time of his death due to the accident,
he would have ultimately joined as a doctor at a salary ranging between `
16,000/- per month to ` 25,000/- per month. Thus, the average monthly
income of the deceased was taken as ` 18,000/- and after adding 50%
towards future prospects, the compensation was enhanced to ` 21,36,000/.
8. A Division Bench of Andhra Pradesh High Court in B.Ramulamma &
Ors. v. Venkatesh, Bus Union, Rep. by A.M. Velu Mudaliyar & Anr., 2011
ACJ 1702, held that it was very difficult to determine the income of a
student who was allowed to complete his course. It was observed that it
was appropriate and reasonable to take a salary at the entry level fixed by
the Govt. for such jobs. It was further held that a deduction of 10% for
each year may be made for the residual duration of the course.
9. In the instant case, no evidence whatsoever was produced by the
Appellants to prove educational performance of the deceased in the 10 th
standard and the 12th standard. The deceased did not get admission in any
good college and that is why he took admission in a private B. Tech
College by the name of MGM College of Engineering & Technology.
Thus, taking into consideration the fact that the deceased was only a first
year student and that he was pursuing engineering only from an ordinary
college, I would take his potential income to be about `15,000/- per
month; make a deduction of 50% towards personal and living expenses
and apply the multiplier of 13 as per the age of the deceased's mother, the
loss of dependency thus comes to `11,70,000/- (15,000/- x 1/2 x 12 x 13).
10. The Appellants are further entitled a sum of `25,000/- towards loss of
love and affection and `10,000/- each towards funeral expenses and loss
to estate. The overall compensation thus comes to `12,15,000/-.
11. Thus, there is an enhancement of `7,04,450/- in the overall compensation
which shall carry interest @ 7.5% per annum from the date of filing of
the petition till its payment.
12. Respondent No.2 New India Assurance Company Limited is directed to
deposit the enhanced compensation along with interest with the Claims
Tribunal within six weeks.
13. Seventy five percent of the enhanced compensation shall be payable to
the First Appellant, that is, the deceased's mother. Rest 25% shall go to
the Second Appellant, the deceased's father.
14. Seventy five percent of the enhanced compensation shall be held in fixed
deposit for a period of three years. Rest shall be released on deposit.
15. The Appeal is allowed in above terms.
16. Pending Applications also stand disposed of.
(G.P. MITTAL)
JUDGE
OCTOBER 12, 2012
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