Delhi High Court
United India Insurance Co. Ltd vs Kalpana Mishra & Ors on 24 September, 2012
Author: G.P. Mittal
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 24th September, 2012
+ MAC. APP. No.1057/2012
UNITED INDIA INSURANCE CO. LTD. ..... Appellant
Through: Ms. Suman Bagga, Advocate
Versus
KALPANA MISHRA & ORS .....Respondents
Through: None
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. The Appellant United India Insurance Co. Ltd. seeks reduction of
compensation of `16,70,000/- awarded by the Motor Accident Claims
Tribunal(the Claims Tribunal) for the death of Puneet Mishra who died in
a motor vehicle accident which occurred on 18.03.2010.
2. The only ground of challenge raised by the Appellant is that the potential
income of `2,50,000/- taken by the Claims Tribunal was on the higher
side. During inquiry before the Claims Tribunal, it was proved that the
deceased had already completed his BBA from I.P. University. At the
time of his death in the accident, he was pursuing B.Com. from Delhi
University. He was working as a part time accountant and earning a
salary of `7,000/- per month.
3. It is now well settled that potential income of a student pursuing a
professional course should be taken into consideration to compute the
loss of dependency.
4. 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/-.
5. 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/.
6. In Ramesh Chand Joshi v. New India Assurance Company MAC
APP.212-213/2006 decided on 20.01.2010 this Court took the potential
income of a BE (Bio-Technology) First year student of Delhi College of
Engineer (DCE) `38,333/- per month.
7. Admittedly, the deceased was working as a part time accountant. He was
spending most of his time in pursuing B.Com. The salary of a Lower
Division Clerk(LDC) in the Government and public sector was over
`15,000/- per month in the year 2010. In the circumstances, the potential
income of `20,000/- taken by the Claims Tribunal for computation of loss
of dependency cannot be said to be exorbitant or excessive.
8. It is also urged that the interest @ 9% per annum awarded by the Claims
Tribunal is on the higher side.
9. The rate of interest on long term fixed deposits in recent years is in the
vicinity of 9% per annum. The Claims Tribunal was, therefore, justified
in granting interest @ 9% per annum. The impugned judgment does not
call for any interference.
10. The Appeal is accordingly dismissed in limine.
11. Statutory amount of `25,000/-, if any, shall be refunded to the Appellant
Insurance Company.
12. Pending Applications stand disposed of.
(G.P. MITTAL)
JUDGE
SEPTEMBER 24, 2012
pst
