Delhi High Court
Reena Gautam & Ors. vs Harender Kumar & Ors. on 23 October, 2013
Author: Suresh Kait
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 23rd October, 2013
+ MAC.APP. 327/2013
REENA GAUTAM & ORS. .... Appellants
Represented by: Mr. Navneet Goyal, Adv.
Versus
HARENDER KUMAR & ORS. ..... Respondents
Represented by: Mr. Siddharth, Adv. for R3.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Instant appeal has been preferred against the impugned award
dated 26.11.2012, whereby ld. Tribunal has granted compensation for a sum
of Rs.15,39,800/- with interest @ 9% per annum from the date of filing of
the petition till realization.
2. Instant appeal has been filed for enhancement of the compensation
amount on the ground that age of the deceased at the time of accident was 31
years of age, despite that ld. Tribunal has granted 30% towards future
prospects. To strengthen his arguments, ld. Counsel has relied upon a case
of Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563
wherein the Apex Court has held as under:
"11. Since, the Court in Santosh Devi's case (supra) actually
intended to follow the principle in the case of salaried persons
as laid in Sarla Verma's case (supra) and to make it applicable
also to the self-employed and persons on fixed wages, it is
clarified that the increase in the case of those groups is not
30% always; it will also have a reference to the age. In other
words, in the case of self-employed or persons with fixed
wages, in case, the deceased victim was below 40 years, there
must be an addition of 50% to the actual income of the
deceased while computing future prospects. Needless to say
that the actual income should be income after paying the tax, if
any. Addition should be 30% in case the deceased was in the
age group of 40 to 50 years.
12. In Sarla Verma's case (supra), it has been stated that in the
case of those above 50 years, there shall be no addition. Having
regard to the fact that in the case of those self-employed or on
fixed wages, where there is normally no age of superannuation,
we are of the view that it will only be just and equitable to
provide an addition of 15% in the case where the victim is
between the age group of 50 to 60 years so as to make the
compensation just, equitable, fair and reasonable. There shall
normally be no addition thereafter."
3. This issue is no more res-integra. Even this court, while relying upon
the dictum of Rajesh (Supra) in case of ICICI Lombard Gen. Insurance.
Co. Ltd. v. Angrez Singh in MAC.A. 846/2011, has allowed 50% towards
future prospects keeping in view the age of the deceased. In the case in
hand, the deceased was 31 years of age at the time of accident. Therefore,
he is also entitled for 50% towards future prospects.
4. Ld. Counsel for the appellant has further argued that on the heads of
non-pecuniary damages, ld. Tribunal has granted Rs.25,000/- towards of loss
of love and affection, Rs.10,000/- towards loss of consortium and
Rs.10,000/- towards funeral expenses on a very lower side. Ld. Counsel
submits that keeping in view the dictum of the Rajesh (Supra), ld. Tribunal
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.
5. On the other hand, ld. Counsel appearing on behalf of the respondent /
insurance company has argued that keeping the age of the deceased into
view, as he was 31 years at the time of accident, ld. Tribunal has rightly
granted 30% towards future prospects and there is no discrepancy in the
order passed by the ld. Tribunal. Even on the heads of non-pecuniary
damages, ld. Tribunal has rightly granted compensation.
6. I find force in the submission of the ld. Counsel for the appellant.
Keeping in view the dictum of Rajesh (Supra), I enhance Rs.1,00,000/- on
account of loss of love and affection, Rs.1,00,000/- on account of
consortium and Rs.25,000/- for funeral expenses. Accordingly, the
compensation comes as under:
1. Loss of income - Rs.8,890/- per month
2. Future Prospects (50%) - Rs.4,445/- per month
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3. Personal expenses (1/3 ) - Rs.4,445/- per month
4. Loss of dependency
Rs.8,890x12x17 - Rs.18,13,560/-
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.20,48,560/-
7. Hence the enhanced compensation comes to Rs.5,08,760/-
(Rs.20,48,560 - Rs.15,39,800).
8. The enhanced compensation shall also carry interest @ 9% from the
date of filing of the petition till realization.
9. In view of the above, instant appeal is allowed.
10. 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 appellants shall be entitled for
interest @ 12% on delayed payment.
11. On deposit, the Registrar General shall release the said amount in
favour of the appellants on taking steps.
SURESH KAIT, J
OCTOBER 23, 2013
jg
