Suman Pahuja & Anr. vs Naresh Kumar & Ors.
2013 Latest Caselaw 4134 Del

$~18
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                         Judgment delivered on: 12th September, 2013

+                         MAC.APP. 814/2012

       SUMAN PAHUJA & ANR.                             ..... Appellants
                   Through:             Mr.Navneet Goyal and
                                        Ms.Mamta Bhardwaj,
                                        Advocates.
                   Versus
       NARESH KUMAR & ORS.                            ..... Respondents
                   Through:             Ms. Suman Bagga, Advocate for
                                        Respondent No.3/Insurance
                                        Company.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. The present appeal is filed by the appellants/claimants for enhancement of compensation amount against the impugned award dated 26.04.2012, whereby the learned Tribunal has awarded compensation as under:-

     Loss of dependency                     :    Rs.6,22,440.00

     On account of Love and affection       :    Rs. 25,000.00

     Funeral Expenses                       :    Rs. 10,000.00

     Total                                       Rs.6,57,440.00

2. Learned counsel appearing on behalf of the appellants/claimants has argued that the deceased was 23 years of age at the time of accident. Since the claimant could not produce any proof of salary, therefore, keeping in view the minimum wages as applicable for a matriculate at the relevant time, the learned Tribunal has considered Rs.7,410/- per month. However, learned Tribunal has not granted any compensation towards future prospects. Keeping in view the age of the deceased, i.e, 23 years, 50% future prospects should have been granted by the learned Tribunal.

3. Learned counsel further argued that the learned Tribunal has not granted any amount as compensation on account of loss of estate. Moreover, the compensation of Rs.25,000/- granted on account of love and affection and Rs. 10,000/- towards funeral expenses are on lower side.

4. Learned counsel for the appellants/claimants has relied upon the case of Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) Scale

563.

5. On the other hand, learned counsel appearing on behalf of the respondent No.3/Insurance Company has submitted that the learned Tribunal has rightly granted the compensation on the issues noted above.

6. She further submitted that considering the dictum of Sarla Verma Vs. DTC and Ors. 2009 (6) SCC 121, which has been affirmed by the Apex Court in the case of Reshma Kumari & Ors. Vs. Madan

Mohan & Anr. delivered in Civil Appeal No. 4646 of 2009 on 02.04.2013, the learned Tribunal has rightly not granted any compensation towards future prospects as the deceased was not in a permanent job.

7. The Full Bench of the Supreme Court has recently considered the issue of future prospects in the case of Rajesh & Ors. (supra), relied upon by the learned counsel for the appellants/claimants. Therefore, keeping in view the dictum of the Apex Court in the case of Rajesh (supra), the appellants/claimants are entitled for 50% towards future prospects.

8. Ordered accordingly.

9. Consequently, after taking 50% towards future prospects, the compensation on account of loss of dependency would be Rs.9,33,660/- (Rs.5557.5 X 12 X 14).

10. Accordingly, keeping in view of the dictum of Apex court in case of Rajesh & Ors. (Supra), I also enhance the compensation towards love and affection to Rs.1,00,000/- and for funeral expenses to Rs.25,000/- and grant Rs.10,000/- for loss of estate.

11. Consequently, the compensation amount comes as under:-

Sr. No. Names of Heads Granted by the Granted by this ld. Tribunal Court.

1. Loss of dependency Rs.6,22,440.00 Rs.9,33,660/-

2. Loss of love and Rs. 25,000.00 Rs.1,00,000/-

affection

3. For funeral expenses Rs. 10,000.00 Rs. 25,000/-

4.         Loss of estate               NIL                Rs. 10,000/-

                         Total          Rs.6,57,440.00     Rs.10,68,660/-

12. Thus, the compensation amount is enhanced for Rs.4,11,220/- (Rs.10,68,660 - Rs.6,57,440/-), with interest @ 7.5% per annum from the date of filing of the petition till the realization.

13. Accordingly, respondent No.3/Insurance Company is directed to deposit the enhanced compensation amount along with interest before the Registrar General of this Court within five weeks from today, failing which, appellants/claimants shall be entitled for penal interest @ 12% per annum on account of delayed payment.

14. On deposit, the Registrar General is directed to release the amount in favour of the respondents/claimants in terms of the impugned award dated 26.04.2012 passed by the learned Tribunal on taking necessary steps by them.

15. Accordingly, instant appeal is allowed on the above terms.

16. A copy of this order be given dasti to the learned counsel for the parties.

SURESH KAIT, J.

SEPTEMBER 12, 2013/Sb/jg