Delhi High Court
Urmila & Ors vs United India Insurance Co. Ltd. & ... on 16 September, 2013
Author: Suresh Kait
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:16th September, 2013
+ MAC.APP. 958/2012
URMILA & ORS ..... Appellant
Through: Mr. Sanjiv Gupta, Advocate.
Versus
UNITED INDIA INSURANCE CO. LTD. & ORS. ..... Respondents
Through: Mr. Sankar N. Sinha, Advocate for
Respondent No.1.
Mr. Mannu Mohan Bansal, Advocate
for Respondent No.2.
Ms.Tania Ahlawat for Ms.Avnish
Ahlawat, Advocate for Respondent
No.3/DTC.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. The present appeal is preferred for enhancement of the award
dated 15.05.2012, whereby the learned Tribunal has awarded a total
compensation of Rs.10,05,000/- with interest at the rate of 9% per annum in
favour of the appellants/claimants.
2. Learned counsel appearing on behalf of the appellants has argued that
though the learned Tribunal has considered salary of the deceased as
Rs.10,000/- per month, however, failed to grant any compensation towards
future prospects as the age of the deceased was 20 years at the time of
accident, i.e., 08.08.2010. Further submitted that the compensation granted
towards non-pecuniary heads, i.e., Rs.25,000/- for loss of love and affection
and Rs.10,000/- for funeral expenses is also on a lower side.
3. To support his arguments, learned counsel, while relying upon the
case of Rajesh & Ors. Vs. Rajbir Singh (2013) SCALE 56 decided by the
Full Bench of the Supreme Court, has submitted that in the present case, the
deceased was only 20 years of age, therefore, in view of dictum of Rajesh
(supra), the learned Tribunal ought to have granted 50% towards future
prospects beside compensation of Rs.1,00,000/- for loss of love and
affection and Rs.25,000/- towards funeral expenses.
4. On the other hand, learned counsel appearing on behalf of the
respondent No.1/Insurance Company has submitted that since the
appellants/claimants have failed to establish that the deceased was in a
permanent job, therefore, keeping in view the dictum of Sarla Verma Vs.
DTC and Ors. 2009 (6) SCC 121, the learned Tribunal has rightly not
granted any compensation towards future prospects.
5. Learned counsel further submitted that there is no discrepancy in
awarding compensation of Rs.25,000/- for loss of love and affection and
Rs.10,000/- for funeral expenses.
6. I note, appellant No.1 Smt. Urmila, mother of the deceased, who
appeared as PW1 has proved the post-mortem report as Ex.PW1/1, death
certificate as Ex.PW1/2, birth certificate as Ex.PW1/3, certificate of the
employer mark 'A', Election I-card as Ex.PW1/4 and 5 and ration card as
Ex.PW1/6.
7. Moreover, appellants/claimants have also examined one Chaman Lal
as PW2,who deposed that he is the partner of the workshop 'Chaman and
Tita'. He brought the original register showing attendance and cash
payment to the deceased and stated that deceased was a car mechanic and
used to get salary of Rs.10,000/- per month in cash. He also placed on
record the photocopy of the register Ex.PW2/a (colly).
8. In view of the facts noted in foregoing Paras, it is proved that the
appellants/claimants have proved the salary by producing the original
documents pertaining to the salary received by the deceased. Therefore, the
learned Tribunal has rightly considered the salary of the deceased as
Rs.10,000/- per month.
9. Keeping in view the dictum of Rajesh (supra), the appellant/claimants
are entitled for 50% towards future prospects, Rs.1,00,000/- for loss of love
and affection and Rs.25,000/- for funeral expenses. Hence, I order
accordingly.
10. Consequently, after taking 50% towards future prospects, the
compensation on account of loss of dependency comes to Rs.14,40,000/-
(Rs.7500 X 12 X 16).
11. In view of the above, the compensation amount come as under:-
Sr. No. Heads of By the ld. By this Court
Compensation Tribunal
1. Loss of dependency Rs.9,60,000/- Rs.14,40,000/-
2. Loss of love and Rs. 25,000/- Rs. 1,00,000/-
affection
3. Funeral expenses Rs. 10,000/- Rs. 25,000/-
4. Loss of estate Rs. 10,000/- Rs. 10,000/-
Total Rs.10,05,000/- Rs.15,75,000/-
12. Resultantly, the compensation is enhanced to Rs.5,70,000/-
(Rs.15,75,000 - Rs.10,05,000), with interest @ 9% per annum from the date
of filing the petition till the date of realization.
13. Respondent No.1/Insurance Company is directed to deposit the
enhanced compensation amount along with up-to-date 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 enhanced
amount in favour of the appellants/claimants proportionately in terms of
order dated 15.05.2012.
15. The instant appeal is allowed on the above terms.
16. There is no order as to costs.
SURESH KAIT, J.
SEPTEMBER 16, 2013
Sb/jg
