Delhi High Court
Jitendra Pandit & Anr. vs Ajay Kumar & Ors. on 2 August, 2013
Author: Suresh Kait
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:2nd August, 2013
+ MAC.APP. 218/2013
JITENDRA PANDIT & ANR. ..... Appellants
Through: Mr.Siya Ram Kamat, Advocate.
Versus
AJAY KUMAR & ORS. ..... Respondents
Through: Mr.A.K.Soni, Advocate for
Respondent No.3/Insurance
Company.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. The present appeal is directed against the impugned award dated
06.08.2012, whereby the learned Tribunal has granted the compensation as
under:-
Loss of Dependency Rs.7,87,860/-
Funeral Expenses Rs. 20,000/-
Love & Affection Rs. 10,000/-
Loss of Estate Rs. 10,000/-
Total Rs.8,27,860/-
2. Learned counsel appearing on behalf of the appellants has submitted
that the learned Tribunal has erred in considering the salary of the deceased,
i.e., Rs.6,734/- per month but in fact at the time of the accident the minimum
rate of wages in Delhi were Rs.7,098/- per month.
3. Learned counsel appearing on behalf of the respondent
No.3/Insurance Company conceded to the same and submitted that he is not
disputing the amount of minimum wages prevalent on the date of the
accident, i.e., 19.09.2011.
4. In view of the above, salary of the deceased is considered as
Rs.7,098/- per month: one of the basic factors for assessing the
compensation on account of loss of dependency.
5. Thus, the monthly income of the deceased is assessed as Rs.4,614/-
[(7098+30% of 7098) x 1/2 ]. Therefore, the loss of dependency comes to
Rs.8,30,520/- (Rs.4614 x 12 x 15).
6. Learned counsel for the appellants has argued that the sum of
Rs.10,000/- towards love and affection and Rs.20,000/- for funeral expenses
granted by the learned Tribunal are on lower side and submitted that in view
of the dictum of Rajesh Vs. Rajbir Singh (2013) SCALE 563, the
compensation on account of love and affection and funeral expenses may be
enhanced to Rs.1,00,000/- and Rs.25,000/- respectively.
7. I find force in the submissions made by learned counsel for the
appellants.
8. Following the dictum of Rajesh (supra), I enhance the compensation
amount and thus, the same would read as under:-
Love & Affection Rs.1,00,000/-
Funeral Expenses Rs. 25,000/-
Accordingly, the compensation amount is enhanced for Rs.1,37,660/-
(Rs.9,65,520 - Rs.8,27,860).
9. Needless to state that the enhanced compensation amount shall carry
interest @ 9% per annum, as has been granted by the learned Tribunal, from
the date of filing of the petition, i.e., 17.11.2011 till its realization.
10. Consequently, the respondent No.3 /Insurance Company is directed to
deposit the enhanced compensation amount with up-to-date interest accrued
thereon with the Registrar General of this Court within four weeks from
today. On deposit, the Registrar General shall release the same in favour of
the claimants as per the ratio of the award dated 06.08.2012 on taking
necessary steps by them.
11. I hereby make it clear that the amount granted by ld. Tribunal as
compensation shall be released as per the terms of the award.
12. In view of the above, the instant appeal is allowed.
SURESH KAIT, J.
AUGUST 02, 2013
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