Delhi High Court
Om Prakash And Anr vs Satbir Singh And Ors. on 4 September, 2013
Author: Suresh Kait
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 4th September , 2013
+ MAC.APP. 470/2009
OM PRAKASH AND ANR ..... Appellant
Through: Mr. Navneet Goyal, Adv.
versus
SATBIR SINGH AND ORS. ..... Respondents
Through: Mr. Rajat Brar, Adv. for R3.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Instant appeal has been preferred against the award dated 18.07.2009,
whereby ld. Tribunal has granted total compensation of Rs.2,67,056/- along
with interest @ 7.5% per annum from the date of filing of the petition till
realization from the respondents.
2. Ld. Counsel appearing on behalf of the appellant has argued that the
deceased was working with a Private Establishment; and was earning
Rs.6,000/- per month as salary and Rs.2,000/- per month as commission.
Salary Certificate has been placed on record as Ex.P3.
3. Since the appellant could not prove the said certificate and not
examined any witness to prove the same, therefore, the ld. Tribunal has
considered the salary of the deceased as Rs.3,516/- as per the minimum
wages of an unskilled workman as notified by the Delhi Government at the
time of accident.
4. Ld. Counsel appearing on behalf of the respondent / insurance
company submits that he does not dispute the assessment of income on the
basis of minimum wages, however, he opposed the finding regarding the
nature of job: the deceased was not working on a permanent job. Therefore,
in view of Sarla Verma v. DTC and Ors. 2009 (6) SCC 121, which has been
re-affirmed by the full bench of Hon'ble Supreme Court in the case of
Reshma Kumari & Ors. Vs. Madan Mohan & Anr. in Civil Appeal No.
4646 of 2009 appellant is not entitled for future prospects.
5. On the other hand, ld. Counsel appearing on behalf of the appellant
has relied upon the judgment in Rajesh & Ors. Vs. Rajbir Singh, 2013 (6)
SCALE 563 wherein the full Bench of Apex Court has awarded 50% for
future prospects.
6. The issue in the present case is that the deceased died at the age of 29
years and ld. Tribunal has not granted any compensation on account of
future prospects. Therefore, keeping in view the dictum of Rajesh (Supra),
I grant 50% towards future prospects.
7. Accordingly, the loss of dependency comes to Rs.3,48,084/- (Rs.2637
x12x11).
8. Ld. Counsel appearing on behalf of the appellant further submitted
that on non-pecuniary damages, ld. Tribunal has granted compensation on a
very lower side. I note, ld. Tribunal has granted Rs.5,000/- for the funeral
expenses and Rs.25,000/- for love and affection.
9. Keeping in view thedictum in Rajesh (Supra), I enhance the
compensation amount on account of funeral expenses and love and affection
for Rs.25,000/- and Rs.1,00,000/- respectively.
10. Thus, the total compensation is enhanced for Rs.2,06,028/-
(Rs.4,73,084 - Rs.2,67,056).
11. Accordingly, respondent / insurance company is directed to deposit
the enhanced amount within six weeks from today which shall also carry
interest @ 7.5% from the date of filing of the appeal till the date of
realization with Registrar General of this Court.
12. On deposit the Registrar General of this Court is directed to release
the enhanced compensation amount in favour of the appellants / claimants.
13. Instant appeal is allowed on the above terms.
SURESH KAIT, J
SEPTMBER 4, 2013
jg
