Delhi High Court
Jaitun Nisha & Ors. vs Ajay Kumar Sharma & Ors. on 23 October, 2013
Author: Suresh Kait
$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 23rd October, 2013
+ MAC.APP. 1222/2012
JAITUN NISHA & ORS. ..... Appellants
Represented by: Mr. O.P. Mannie, Adv.
Versus
AJAY KUMAR SHARMA & ORS. ..... Respondents
Represented by: Ms. Santha Devi Raman and
Mr. Sanjeet Ranjan, Advs. for R3.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Instant appeal has been preferred against the impugned award
dated 15.05.2012, whereby ld. Tribunal has granted compensation for a sum
of Rs.5,82,780/- in favour of the dependents of the deceased 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 has argued the
instant appeal on two grounds, firstly; the deceased failed to prove the salary
certificate, therefore, ld. Tribunal has rightly considered the salary of the
deceased as Rs.3,683/- as per the minimum wages for the unskilled persons.
However, he is disputing that the ld. Tribunal has not granted any future
prospects.
4. Second issue, ld. Counsel has argued that towards non-pecuniary
heads, ld. Tribunal has granted Rs.25,000/- for loss of love and affection,
Rs.10,000/- for loss of consortium and Rs.7,500/- towards funeral expenses.
5. To strengthen his arguments, ld. Counsel for the appellant 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 age of the deceased as 37 years
at the time of accident, ld. Tribunal ought to have granted 50% towards
future prospects and on the non-pecuniary heads ought to have granted
Rs.1,00,000/- for loss of love and affection, Rs.1,00,000/- for loss of
consortium and Rs.25,000/- for funeral expenses.
6. On the other hand, ld. Counsel appearing on behalf of respondent /
insurance company submits that since the appellants could not prove that the
deceased was working somewhere, therefore, ld. Tribunal has considered
that he was not on a permanent job and keeping in view the dictum of Sarla
Verma Vs. DTC and Ors. 2009 (6) SCC 121 further affirmed in the case of
Reshma Kumari & Ors. Vs. Madan Mohan & Anr. 2013(5) SCALE160,
has rightly not granted future prospects.
7. Ld. Counsel further submits that in this case claimants failed to
establish that deceased was working somewhere, therefore, ld. Tribunal has
considered the salary of the deceased as Rs.3,683/- as per the minimum
wages applicable to unskilled persons. Therefore, there is no discrepancy if
the ld. Tribunal has not granted future prospects.
8. So far as the compensation on non-pecuniary heads is concerned, ld.
Counsel for the respondent / insurance company submits that it depends
upon case to case and the Tribunal or the Court has to consider the fact of
that case. Therefore, ld. Tribunal, after considering facts and circumstances
of this case, has rightly granted the compensation towards non-pecuniary
heads.
9. As the issue of future prospects is concerned, this issue is no more
res-integra as already been decided by the Apex Court in the case of Rajesh
(Supra) and followed by this court in the case of ICICI Lombard Gen.
Insurance. Co. Ltd. v. Angrez Singh in MAC.A. 846/2011. Therefore
keeping in view the dictum in Rajesh (Supra) and subsequent view taken by
this court in Angrez Singh (Supra), keeping the age of the deceased as 37
years at the time of accident, I grant 50% towards future prospects.
10. As the issue of the non-pecuniary damages are concerned, keeping in
view the dictum in Rajesh (Supra) I enhance Rs.1,00,000/- from
Rs.25,000/- for loss of love and affection, Rs.1,00,000/- from Rs.10,000/-
for loss of consortium and Rs.25,000/- from Rs.7,500/- for funeral expenses.
Accordingly, the compensation comes as under:
1. Loss of income - Rs.3,683/- per month
2. Future Prospects (50%) - Rs.1841.50/- per month
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3. Personal expenses (1/5 ) - Rs.1,105/- per month
4. Loss of dependency
Rs.4419.5x12x15 - Rs.7,95,510/-
5. Loss of love and
affection - Rs.1,00,000/-
6. Loss of Consortium - Rs.1,00,000/-
7. Loss of Estate - Rs. 10,000/-
8. Funeral Expenses - Rs. 25,000/-
________________________________________________
Total Compensation - Rs.10,30,510/-
11. Hence the enhanced compensation comes to Rs.4,47,730/-
(Rs.10,30,510- Rs.5,82,780).
12. The enhanced compensation shall also carry interest @ 7.5% from the
date of the filing of the petition till realization.
13. In view of the above, instant appeal is allowed.
14. Consequently, respondent no. 3 is directed to deposit the enhanced
compensation amount with interest within five weeks from today with
Registrar General of this Court, failing which appellant shall be entitled for
interest @ 12% on delayed payment
15. On deposit, the Registrar General shall release the said amount in
favour of the appellants on taking steps in the same proportion as held by
Tribunal.
SURESH KAIT, J
OCTOBER 23, 2013
jg
