Delhi High Court
Ram Avtar & Ors. vs Prem Kumar & Ors. on 25 October, 2013
Author: Suresh Kait
$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 25th October, 2013
+ MAC.APP. 999/2012
RAM AVTAR & ORS. ..... Appellants
Represented by: Mr. Jatinder Kamra, Adv.
Versus
PREM KUMAR & ORS. ..... Respondents
Represented by: Ms. Rakhi Dubey, 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 19.03.2012, whereby ld. Tribunal has granted compensation as
under with interest @ 7.5% per annum from the date of institution of
the claim petition till realization:
"1. Loss of dependency : Rs.3,60,000/-
2. Compensation in respect of
medical bills prior to death of
deceased : Rs.10,023/-
3. Loss of Estate : Rs.10,000/-
4. Loss of Love and Affection : Rs.20,000/-
5. Funeral expenses &
Transportation charges : Rs.5,000/-
Total : Rs.4,05,023/-"
2. The present appeal is for enhancement of the compensation
amount as noted above.
3. Ld. Counsel appearing on behalf of the appellants submitted
that the appellants could not prove the salary of the deceased,
therefore, ld. Tribunal has rightly assessed the monthly income of the
deceased as Rs.4,000/- per month as per the minimum wages
applicable to a matriculate prevalent at the time of accident.
However, ld. Tribunal failed to grant any future prospects in favour of
the appellants / claimants.
4. He further argued that towards non-pecuniary losses, ld.
Tribunal has granted Rs.20,000/- for loss of love and affection and
Rs.5,000/- for funeral expenses which are on a lower side.
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 followed by the judgment passed by this court
in the case of ICICI Lombard Gen. Insurance. Co. Ltd. v. Angrez
Singh in MAC.A. 846/2011.
6. On the other hand, ld. Counsel appearing on behalf of the
respondent no. 3 / insurance company submits that appellants failed
to prove the salary of the deceased. Accordingly, ld. Tribunal has
assessed the monthly income of the deceased as Rs.4,000/- per month
applicable to a matriculate. Since the appellants failed to establish
that the deceased was on permanent job, therefore, ld. Tribunal has
rightly not granted the future prospects in view of 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)
SCALE 160.
7. The issue of future prospects is no more res-integra after the
dictum of Full Bench of Supreme Court in case of Rajesh (Supra)
wherein extended the scope of future prospects and 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."
8. Thereafter this court has followed the aforesaid dictum of
Supreme Court in case of Angrez Singh (Supra).
9. Therefore, keeping in view the age of the deceased as 19 years
at the time of the accident, I grant 50% towards future prospects.
10. As the issue on non-pecuniary damages are concerned, while
relying upon the dictum of Rajesh (Supra), I enhance Rs.1,00,000/-
towards love and affection and Rs.25,000/- towards funeral expenses.
Accordingly, the compensation comes as under:
"Loss of Dependency
(Rs.3,000x12x15) - Rs.5,40,000/-
Medical Bills prior to death
of deceased - Rs. 10,023/-
Loss of Love and Affection - Rs.1,00,000/-
Loss of Estate - Rs. 10,000/-
Funeral expenses - Rs. 20,000/-
Total compensation - Rs.6,80,023/-
11. Hence the enhanced compensation comes to Rs.2,75,000/-
(Rs.6,80,023 - Rs.4,05,023). The enhanced compensation shall also
carry interest @ 7.5% per annum from the date of institution of the
claim petition till realization.
12. Instant appeal stands disposed of on above terms.
13. Consequently, respondent no. 3 / insurance company is directed
deposit the enhanced compensation with interest within five weeks
from today with Registrar General of this court, failing which
respondent no. 3 / insurance company is also liable to pay penal
interest @12% on delayed payment.
14. On deposit the Registrar General shall release the same in
favour of the appellants / claimants proportionately in terms of the
order dated 19.03.2012 passed by the ld. Tribunal on taking steps.
SURESH KAIT, J
OCTOBER 25, 2013
jg
