Delhi High Court
Smt Sushma Bhardwaj & Ors. vs Shri Ram Sevak Kumar & Ors. on 18 November, 2013
Author: Suresh Kait
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 18th November,2013
+ MAC.APP. 658/2013
SMT SUSHMA BHARDWAJ & ORS. ..... Appellants
Represented by: Ms.Sumita Hazarika and
Ms.Ipsita, Advocates.
Versus
SHRI RAM SEVAK KUMAR & ORS. .....Respondents
Represented by: Mr.Vaidant Chadha for
Mr.Sameer Nandwani,
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
21.12.2012, whereby the learned Tribunal has granted compensation for a
sum of Rs.28,21,066/- with interest at the rate of 7.5 % per annum from the
date of filing of the claim petition till realization.
2. By way of this appeal, the appellants/claimants are seeking
enhancement of the award amount noted above.
3. Learned counsel appearing on behalf of the appellants/claimants has
submitted that at the time of the accident, the deceased was working as an
Attendant in the All India Institute of Medical Sciences, New Delhi
('AIIMS') and the same has been proved by Ex.PW2/1, which is a letter
written by Administrative Officer (H) to the learned Tribunal showing basic
pay of the deceased Rs.7,490, D.A. was Rs.4,344/-, HRA was Rs.2,247/-
T.P. was Rs.948/- and HPCA, i.e., Hospital Patient Care Allowance was
Rs.695/-. Accordingly, the gross pay of the deceased was Rs.15,724/- per
month.
4. While calculating the monthly income of the deceased, the learned
Tribunal had deducted Rs.948 of T.P. and considered the same as
Rs.14,766/-.
5. Learned counsel for the appellants/claimants has argued that at the
time of the accident, the age of the deceased was 35 years, despite that the
learned Tribunal has added 30% of the income towards future prospects.
Further argued that the compensation granted towards non-pecuniary losses
are on lower side as the learned Tribunal has awarded only Rs.25,000/-
towards loss of love and affection and Rs.10,000/- each was granted for loss
of consortium and funeral expenses.
6. On both the issues noted above, learned counsel has relied upon a case
of Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563 and
submitted that keeping in view the dictum of the Full Bench of the Apex
Court and the age of the deceased, the appellants/claimants are entitled to
addition of 50% of the income towards future prospects and Rs.1,00,000/-
each on account of loss of love and affection and loss of consortium and
Rs.25,000/- for funeral expenses.
7. On the other hand, learned counsel appearing on behalf of the
respondent No.3/Insurance Company has submitted that the deceased was
not in permanent job, therefore, the learned Tribunal while relying upon the
case of Sarla Verma Vs. DTC and Ors. 2009 (6) SCC 121, has rightly
added 30% of the income towards future prospects.
8. As regards non-pecuniary damages, he submitted that it depends upon
the facts and circumstances of each and every case. Therefore, taking into
view the facts of the present case, the compensation granted by the learned
Tribunal towards non-pecuniary losses is just and adequate.
9. Issue of future prospects is no more res integra as the same has been
decided by the Apex Court in a catena of judgements and recently the Full
Bench of the Supreme Court has exclusively dealt with the same in the case
of Rajesh & Ors. (supra) which has been followed by this Court in the case
bearing MACA No.846/2011 titled as ICICI Lombard General Insurance
Co. Ltd. Vs. Angrej Singh & Ors., decided on 30.09.2013.
10. Therefore, keeping in view the settled position of law and that the
deceased was aged 35 years at the time of the accident, I grant 50% of the
actual income of the deceased towards future prospects.
11. So far as non-pecuniary benefits are concerned, following the dictum
of Rajesh & Ors. (supra), I grant Rs.1,00,000/- on account of loss of love
and affection, Rs.1,00,000/- for loss of consortium and Rs.25,000/- towards
funeral expenses.
12. Consequently, the compensation amount comes as under:-
Sr. Heads Amount granted Amount
by MACT granted in
No.
appeal
i. Salary Rs.14766/- per Rs.14766/-
month per month
50% of (i) above to be Rs.14766/- Rs.14766/- +
added as future prospects +432.8=Rs.19208/- 7383 =
p.m. (30% was Rs.22149/-
granted) p.m.
1/4th of (ii) above to be Rs.19208 - 4802 = Rs.22149 -
deducted as personal Rs.14406/- p.m. 5537.21 =
expenses of the deceased Rs.16611.75
p.m.
ii. Loss of dependency Rs.14406 x 12 x16 Rs.16611.75 x
=Rs.27,66,066/- 12 x 16 =
Rs.31,89,456/-
iii. Loss of consortium Rs.10,000/- Rs.1,00,000/-
iv. Loss of love and affection Rs.25,000/- Rs.1,00,000/-
v. Loss of Estate Rs.10,000/- Rs.10,000/-
vi. Funeral expenses Rs.10,000/- Rs.25,000/-
Total (ii+iii+iv+v+vi) Rs.28,21,066/- Rs.34,24,456/-
Resultantly, the enhanced compensation amount comes to
Rs.6,03,390/-(Rs.34,24,456/- - Rs.28,21,066/-).
13. Needless to state that the enhanced amount shall also carry interest @
7.5% per annum from the date of filing of the claim petition till realization.
14. The respondent No.3/Insurance Company is directed to deposit the
enhanced compensation amount along with interest with the Registrar
General of this Court within a period of five weeks from today, failing
which, appellants/claimants shall be entitled for penal interest @ 12% per
annum on account of delayed payment.
15. On deposit, the Registrar General is directed to release the amount in
favour of the appellants/claimants in terms of the impugned award dated
21.12.2012 passed by the learned Tribunal on taking necessary steps by
them.
16. In view of the above, the appeal is allowed.
SURESH KAIT, J.
NOVEMBER 18, 2013
sb
