Delhi High Court
National Insurance Company Ltd. vs Sangeeta & Ors on 15 October, 2012
Author: G.P. Mittal
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 15th October, 2012
+ MAC.APP. 1117/2011
NATIONAL INSURANCE COMPANY LTD. ..... Appellant
Through Mr. D.K. Sharma, Adv.
versus
SANGEETA & ORS ..... Respondents
Through Mr. S.N. Parashar, Adv. for R-1
Mr. M.K. Sharma, Adv. for R-4.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
CM APPL.22433/2011 (Delay)
Delay of 28 days in filing the Appeal is condoned. The Application is
allowed.
MAC.APP. 1117/2011
1. The Appeal is for reduction of compensation of `28,49,900/- awarded for
the death of Kuldeep Singh who died in a motor vehicle accident which
occurred on 27.01.2007.
2. The finding on negligence is not challenged by the Appellant Insurance
Company, thus, the same has attained finality.
3. The following contentions are raised on behalf of the Appellant Insurance
Company :-
(i) In the absence of any evidence with regard to good future
prospects, the Claims Tribunal erred in making an addition of 50%
towards future prospects. Reliance is placed on Bijoy Kumar
Dugar v. Bidyadhar Dutta & Ors., AIR 2006 SC 1255; and Sarla
Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr.,
(2009) 6 SCC 121.
(ii) There were four dependents including the deceased's father. There
was no specific evidence that the deceased's father, that is, Om
Prakash was financially dependent on deceased Kuldeep Singh.
The Claims Tribunal ought to have deducted one-third of the
deceased's income towards personal and living expenses instead of
one-fourth.
4. On the other hand, it is urged by the learned counsel for
Respondents/Claimants that the compensation awarded is just and
reasonable.
5. I have before me the Trial Court Record. The certificate Ex.PW-1/1
shows that the deceased was working with Manglam Embroideries Pvt.
Ltd. for the last about three years where 86 persons were employed. The
consolidated statement of the salary of all the employees was proved as
Ex.PW-2/A. The deceased was making contribution towards ESI and
Provident Fund. It is, therefore, evident that the deceased was in
permanent and stable employment. In Sarla Verma (Smt.) & Ors. v.
Delhi Transport Corporation & Anr., (2009) 6 SCC 121, it was laid down
that the dependents were entitled to increase towards future prospects to
the extent of 50% when the deceased is less than 40 years and 30% when
the deceased is above 40 years and less than 50 years, if he (the deceased)
is in permanent job.
6. In the circumstances, the Claims Tribunal was justified in making an
addition of 50% in the deceased's income.
7. As far as deduction towards personal and living expenses is concerned,
the deceased left behind his widow, a child who was born after the death
of the deceased and aged parents. In her testimony as PW-1 Smt.
Sangeeta Devi claimed that Om Prakash, the deceased's father was aged
61 years at the time of the accident. In the circumstances, the deceased's
father was rightly considered as dependent on the deceased.
8. The Appeal is devoid of any merit; the same is accordingly dismissed.
9. The statutory deposit of `25,000/- be refunded to the Appellant Insurance
Company.
10. Pending Applications also stand disposed of.
(G.P. MITTAL)
JUDGE
OCTOBER 15, 2012
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