Delhi High Court
Yachna Khare & Ors. vs Oriental Insurance Co. Ltd. & Ors on 3 September, 2012
Author: G.P. Mittal
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 3rd September, 2012
+ MAC.APP. 54/2012
YACHNA KHARE & ORS. ..... Appellant
Through Mr. Sanjeev Srivastava, Advocate
versus
ORIENTAL INSURANCE CO. LTD. & ORS .... Respondents
Through Mr. A.K. Soni, Advocate for the
Respondent No.1 Insurance
Company.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. The Appeal is for enhancement of compensation of `15,97,000/-
awarded in favour of the Appellants by the Motor Accident Claims
Tribunal(the Claims Tribunal) for the death of Pankaj Batish who
died in a motor vehicle accident which occurred on 03.10.2008.
2. The only ground of challenge is that the deceased's future
prospects were not taken into consideration.
3. On 27.04.2012, it was submitted by the learned counsel for the
Respondent Insurance Company that perhaps some amount
towards bonus was included in the salary certificate Ex.PW1/6. By
an order dated 27.04.2012, this Court directed the Appellant to
produce a witness from the deceased's employer to seek
clarification about the deceased's income.
4. Statement of Anil Kumar Gautam, Senior Manager(Personnel) was
recorded before the Registrar on 20.07.2012. It is established that
the deceased joined M/s Bhushan Power and Steels Ltd. in the year
2002. His salary of `5,000/- in April, 2006 (Ex.AW1/6) increased
to `10,000/- at the time of his death in this accident in October,
2008. The deceased was aged 28 years on the date of the accident.
The Appellants would be entitled to an addition of 50% in the
income to compute the loss of dependency. A sum of `1,740/-
which was reflected in the salary certificate Ex.PW1/6 was annual
bonus which shall be included in the annual income as against the
monthly income taken by the Claims Tribunal. The loss of
dependency would thus come to `20,59,720/-(`10,000/- + 50% x
12 + 1740/- x 2/3 x 17).
5. In addition, the Appellants would be entitled to a sum of `25,000/-
towards loss of love and affection and `10,000/- each towards loss
of consortium, loss to estate and funeral expenses.
6. The overall compensation thus comes to `21,14,720/-.
7. The compensation is thus enhanced by `4,68,080/- which shall
carry interest @ 7.5% per annum from the date of the filing of the
Petition till its payment.
8. Twenty five percent each of the enhanced compensation shall be
payable to the Appellants No.2 and 3. Rest 50% of the enhanced
amount shall be payable to the First Appellant.
9. Eighty percent of the amount payable to the First Appellant shall
be held in fixed deposit for a period of two years, four years, six
years, eight years and ten years. Rest shall be released to her on
deposit. 50% of the amount payable to the Appellants No.2 and 3
shall be held in fixed deposit for a period of two years. Rest shall
be released to them on deposit.
10. The Respondent No.1 Insurance Company is directed to deposit
the enhanced compensation in the name of the Appellants in UCO
Bank, Delhi High Court Branch within six weeks.
11. The Appeal is allowed in above terms.
12. Pending Applications stand disposed of.
(G.P. MITTAL)
JUDGE
SEPTEMBER 03, 2012
pst
