Delhi High Court
Surinder Kaur & Ors. vs Ramesh Kumar & Ors. on 29 October, 2013
Author: Suresh Kait
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 29th October, 2013
+ MAC.APP. 569/2012
SURINDER KAUR & ORS. ..... Appellants
Represented by: Mr. O.P. Mannie, Adv.
versus
RAMESH KUMAR & ORS. ..... Respondents
Represented by: Ms. Suman Bagga, 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 17.01.2012, whereby ld. Tribunal has granted compensation for a sum
of Rs.20,63,150/- with interest @ 7.5% per annum from the date of filing of
the petition till realization.
2. Vide the instant appeal, appellant is seeking enhancement of the
compensation as noted above.
3. Ld. Counsel appearing on behalf of the appellant submits that from
the ITR on record, it is established that the deceased was earning Rs.13,000/-
per month from the business of sale and service of communication
equipment. Thus, the said business was permanent in nature.
4. He further submits that the age of the deceased was 37 years at the
time of accident, despite, ld. Tribunal has wrongly added 30% towards
future prospects. 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
it has to be enhanced from 30% to 50%.
5. He has further argued that on the issue of non-pecuniary losses, ld.
Tribunal has granted Rs.50,000/- towards loss of love and affection and
Rs.10,000/- towards loss of consortium and Rs.10,000/- towards funeral
expenses. Ld. Counsel submits that in view of the dictum of Apex Court in
case of Rajesh (Supra), the compensation amount has to be enhanced,
accordingly.
6. On the other hand, ld. Counsel appearing on behalf of the respondent /
insurance company has opposed the instant appeal on the ground that the
deceased was not in a permanent job and relied upon a case of Bijoy Kr.
Dugar v. Bidya Dhar Dutta & Ors.2006ACJ1058.
7. She further submits that the claimants failed to prove that the
deceased had no plan for enhancing his business and in the absence of the
same, ld. Tribunal has rightly added 30% towards future prospects.
8. Ld. Counsel for the respondent / insurance company has further
argued that if this court is inclined to enhance the future prospects from 30%
to 50%, in that eventuality interest may not be awarded from the date of
filing of the petition till realization, but from filing of the appeal till
realization in favour of the claimants.
9. On this issue, ld. Counsel for the appellant has relied upon a case of
Pushkar Mehra v. Brij Mohan Kushwaha & Ors. Civil Appeal No. 8410 of
2013, wherein while granting the future prospects, the Apex Court has
awarded interest @ 9% from the date of filing of the petition till realization.
10. As the issue of non-pecuniary losses are concerned, ld. Counsel for
the respondent / insurance company submits that accident took place on
08.09.2010 and the deceased left behind, his wife, two children and parents.
Therefore, keeping in view the facts and circumstances of the case,
ld. Tribunal has rightly granted compensation towards non-pecuniary losses.
11. As the issue of future prospects is concerned, the same is no more res-
integra keeping in view the dictum in Rajesh (Supra) followed by this Court
in the case of ICICI Lombard Gen. Insurance. Co. Ltd. v. Angrez Singh in
MAC.A. 846/2011. In the case in hand, deceased was 37 years at the time of
accident. Therefore, I grant 50% towards future prospects.
12. As regards the loss on non-pecuniary heads are concerned, ld.
Tribunal has granted the compensation on lower side as noted above.
Therefore, keeping in view the dictum in Rajesh (Supra), I award
Rs.1,00,000/- towards loss of love and affection, Rs.1,00,000/- towards loss
of consortium and Rs.25,000/- towards funeral expenses. Therefore, the
compensation comes as under:
Heads Compensation Compensation
granted by the ld. granted by this Court.
Tribunal
Loss of Dependency Rs.19,83,150/- Rs.26,32,500/-
Loss of Consortium Rs.10,000/- Rs.1,00,000/-
On account of loss of Rs.50,000/- Rs.1,00,000/-
love and affection
Loss of Estate Rs.10,000/- Rs. 10,000/-
Funeral Expenses Rs.10,000/- Rs. 25,000/-
Total Rs.20,63,150/- Rs.28,67,500/-
13. Hence the enhanced compensation comes to Rs.8,04,350/-
(Rs.28,67,500 - 20,63,150).
14. The enhanced compensation shall also carry interest @ 7.5% per
annum from the date of filing of the petition till realization.
15. In view of the above instant appeal is allowed.
16. Respondent no. 3 / insurance company is directed to deposit the
enhanced amount with interest with Registrar General of this court within
five weeks from today.
17. On deposit the Registrar General shall release the amount in favour of
the appellants / claimants on taking steps.
SURESH KAIT, J
OCTOBER 29, 2013
jg
