Delhi High Court
Iftkhar vs Anesthetic Gases (P.) Ltd. on 3 September, 2012
Author: G.P. Mittal
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 3rd September, 2012
+ MAC APP. 190/2008
IFTKHAR ..... Appellant
Through: Mr. S.N.Parashar, Adv.
versus
ANESTHETIC GASES (P.) LTD. ..... Respondent
Through: Mr. A.K.Soni, 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 `3,36,041/- awarded
in favour of the Appellants for the death of their father Mukhtar Ahmed,
who died in a motor vehicle accident which occurred on 26.06.2005.
2. During inquiry before the Motor Accident Claims Tribunal (the Claims
Tribunal) it was claimed that the deceased was a cloth merchant and was
earning `7,000/- per month. In the absence of any cogent evidence with
regard to the deceased's educational qualification, profession and his
income, the Claims Tribunal took the minimum wages of an unskilled
worker to compute the loss of dependency.
3. The sole contention raised at the time of hearing of the Appeal is that the
Appellants were entitled to an addition of 30% towards inflation, even in
the absence of any evidence with regard to the deceased's future
prospects.
4. On the other hand, the Appeal is resisted on the ground that the
Appellants No.1 to 5 were major sons and daughters. The daughters were
already married. It was only Appellant No.6 who was the unmarried
daughter of the deceased and Appellant No.7 who was minor son of the
deceased, who could be said to be financially dependent on the deceased.
It is urged that the deduction towards personal and living expenses ought
to have been one-third instead of one-fifth taken by the Claims Tribunal.
5. In the absence of any evidence with regard to the future prospects, the
Appellants were entitled to an increase of 30% towards inflation on the
basis of the judgment of the Supreme Court in Santosh Devi v. National
Insurance Company Ltd. & Ors., 2012 (4) SCALE 559, relied on and
discussed by this Court in Rakhi v. Satish Kumar & Ors. (MAC. APP.
390/2011) decided on 16.07.2012.
6. Since it is not disputed that out of seven Appellants, only two were
dependents on the deceased, there would be deduction of only one-third
of the deceased's income towards personal and living expenses instead of
one-fifth made by the Claims Tribunal.
7. The loss of dependency thus comes to `4,11,548/- (3044/- + 30% x 2/3 x
12 x 13).
8. I would further make a provision of `25,000/- towards loss of love and
affection and `10,000/- each towards loss to estate and funeral expenses.
9. The overall compensation thus comes to `4,56,548/-.
10. The enhanced compensation of `62,045/- shall carry interest @ 7.5% per
annum from the date of filing of the Petition till its payment.
11. Respondent No.2 Oriental Insurance Company Limited is directed to
deposit the enhanced compensation along with interest with UCO Bank,
Delhi High Court Branch, New Delhi within six weeks.
12. Ten percent of the enhanced compensation shall be payable to each of the
Appellants No.1 to 5 whereas 25% shall be payable to each of the
Appellants No.6 and 7.
13. 60% of the enhanced compensation shall be held in fixed deposit for a
period of three years. Rest shall be released on deposit.
14. The Appeal is allowed in above terms.
15. Pending Applications stand disposed of.
(G.P. MITTAL)
JUDGE
SEPTEMBER 3, 2012
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