Sunita & Ors vs Pawan Kumar & Ors
2012 Latest Caselaw 5388 Del

$~6

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                           Decided on: 10th September, 2012
+      MAC.APP. 544/2004

       SUNITA & ORS.                             ..... Appellants
                                 Through   Mr. Peeush Sharma, Advocate

                        versus


       PAWAN KUMAR & ORS                                .... Respondents
                  Through                  Ms. Manjusha Wadhwa, Advocate
                                           for the Respondent No.3 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 `7,78,000/-

awarded by the Motor Accident Claims Tribunal(the Claims Tribunal) in favour of the Appellants for the death of Promod Kumar who died in a motor vehicle accident which occurred on 15.07.1996.

2. The deceased was working as a driver in Summerville School, Noida(U.P.). At the time of the accident he was getting a salary of `3,016/- per month which was retrospectively revised to `4,000/-

per month from 01.01.1996 on account of implementation of the 5th Pay Commission.

3. It is proved from PW2's testimony that the deceased was a confirmed employee with the Summerville School and was getting increments. Thus, the Appellants were entitled to an addition of 50% towards future prospects(as was granted by the Claims Tribunal). There were six dependents. The deduction on personal and living expenses has to be 1/4th instead of 1/3rd made by the Claims Tribunal.

4. The loss of dependency thus comes to `9,18,000/- (`4,000/- + 50% x 12 x 3/4 x 17).

5. Keeping in view that the accident occurred in 1996, I would further award a sum of `15,000/- towards loss of love and affection and `5,000/- each towards loss of consortium, loss to estate and funeral expenses.

6. The overall compensation is thus enhanced by `1,70,000/- which shall carry interest @ 7.5% from the date of the filing of the Petition till its payment. 75% of the enhanced compensation shall enure for the benefit of the First Appellant(the deceased's widow) and 25% for the benefit of the Appellant No.6 Smt. Shanti (the deceased's mother). 80% of the compensation payable to the First Appellant shall be held in fixed deposit for a period of two years, four years, six years and eight years in equal proportion. Rest shall be released to her. The compensation payable to the Appellant No.6 shall be released on deposit.

7. The Respondent No.3 National Insurance Company Ltd. is directed to deposit the enhanced compensation of `1,70,000/- along with

interest in the name of the Appellants No.1 and 6(Claimants) with UCO Bank, Delhi High Court Branch within six weeks.

8. The Appeal is allowed in above terms.

9. Pending Applications stand disposed of.

(G.P. MITTAL) JUDGE SEPTEMBER 10, 2012 pst