Delhi High Court
Bharo Chaudhary And Anr. vs Rakesh Kumar And Ors. on 25 July, 2013
Author: Suresh Kait
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 25th July, 2013
+ MAC.APP. 1177/2012
BHARO CHAUDHARY AND ANR. ..... Appellants
Through: Mr. Sekhar Aggarwal, Adv.
versus
RAKESH KUMAR AND ORS. ..... Respondents
Through: Mr. Manoj Bhandari, Adv. for
R3.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Vide the instant appeal, appellant has assailed the judgment
dated 16.08.2012, whereby, ld. Tribunal has granted total compensation of
Rs.3,40,300/- with interest @ 7.5% per annum from the date of filing of the
petition till realization.
2. Instant appeal has been filed for enhancement of the compensation
amount.
3. Ld. Counsel appearing on behalf of the appellant submits that ld.
Tribunal has failed to consider the salary of the deceased, who was working
as a TSR mechanic and was earning Rs.12,000/- per month at the time of
accident.
4. PW3 Bharo Chaudhary, father of the deceased stated that his son was
working as TSR mechanic and was earning Rs.12,000/- per month. He was
giving Rs.9,000/- towards household expenses.
5. During cross-examination, PW3 deposed that he did not have any
document regarding earning of the deceased. Further stated that he was
working as a labourer and his wife was a housewife.
6. In view of the contradictory statements of PW3, i.e., father of the
deceased and in the absence of proof of salary, ld. Tribunal has considered
the salary as Rs.3,500/- per month as per the minimum wages of unskilled
persons.
7. On this issue, I do not find any discrepancy in the order passed by the
Ld. Tribunal. Therefore, I affirm the same.
8. Ld. Counsel for the appellant furthers submits that ld. Tribunal has
granted compensation on a very lower side qua non-pecuniary heads. He
submits that the compensation on account of loss of love and affection, loss
of estate and towards funeral expenses ld. Tribunal has granted Rs.25,000/-,
Rs.10,000/- and Rs.5,000/- respectively.
9. He has relied upon a case of Rajesh and Ors. v. Rajbir Singh and
Ors. 2013 (6) Scale 563 wherein the Apex Court has granted compensation
as under:
"1. Loss of Love and Affection : Rs.1,00,000/-.
2. Towards funeral expenses : Rs. 25,000/-"
10. In find force in the submission of ld. Counsel for the appellant.
Keeping the dictum of Rajesh (Supra) into view, I enhance the
compensation in favour of the respondents / claimants as under:
"1. Loss of Love and Affection : From Rs.25,000 to Rs.1,00,000/-.
2. Towards funeral expenses : From Rs. 5,000 to Rs.25,000/-."
11. In view of above, I have enhanced compensation to the tune of
Rs.95,000/- ( Rs.4,35,300-Rs.3,40,300). I here make it clear that the
enhanced amount shall carry interest @ 7.5% per annum from the date of
filing the petition till the realisation of the amount.
12. In view of the above, instant appeal is allowed.
13. Respondent / Insurance Company is directed to pay the enhanced
amount within four weeks from today with Registrar General of this Court,
who shall thereafter release the same in favour of the appellants / claimants.
SURESH KAIT, J
JULY 25, 2013
Jg
