Delhi High Court
New India Assurance Co.Ltd. vs Kamlesh & Ors on 2 April, 2014
Author: Suresh Kait
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 2nd April, 2014
+ MAC.APP. 1173/2012
NEW INDIA ASSURANCE CO.LTD. ..... Appellant
Represented by: Mr. Sameer Nandwani,
Adv.
Versus
KAMLESH & ORS ..... Respondents
Represented by: Mr. Anshuman Bal, Adv.
for R1.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. The present appeal has been preferred against the impugned award
dated 26.07.2012, whereby Ld. Tribunal has awarded compensation for an
amount of Rs.7,98,800/- with interest @ 7.5% per annum from the date of
filing of the Claim Petition till realization of the amount.
2. Mr. Sameer Nandwani, Ld. Counsel appearing on behalf of the
appellant submits that deceased died at the age of 34 years leaving behind
his wife, the only dependent. Accordingly, Ld. Tribunal ought to have
deducted ½ towards personal expenses, however, wrongly deducted 1/3
towards the same.
3. On the other hand, Mr. Anshuman Bal, Ld. Counsel appearing on
behalf of the respondent / claimant does not dispute the arguments advanced
by the counsel for the appellant, however submits that appellate court has to
see whether the Tribunal has awarded just and fair compensation.
4. Mr. Bal, submits that in the present case, the deceased was 34 years of
age at the time of accident. He was working as a driver and earning
Rs.4,500/- per month. Despite, the ld. Tribunal has added 30% in his actual
income towards future prospects instead of 50%.
5. To strengthen his arguments, ld. Counsel has relied upon a case of
Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563 wherein it
is 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.
6. Mr. Bal, further submits that towards non-pecuniary benefits, Ld.
Tribunal has awarded Rs.25,000/- towards loss of love and affection,
Rs.10,000/- each towards loss of consortium and loss of estate and
Rs.5,000/- towards funeral expenses, which are on the lower side.
7. I have heard Ld. Counsels for the parties.
8. Regarding the issue of deduction towards personal expenses, Ld.
Counsel appearing on behalf respondent / claimant do not dispute the
arguments advance by the Ld. Counsel appearing on behalf of the appellant
and submits that Ld. Tribunal ought to have deducted ½ towards personal
expenses.
9. It is ordered accordingly.
10. As far as the issue of future prospects is concerned, this issue has been
dealt by this court in the case bearing MAC.A. No.846/2011 titled as ICICI
Lombard General Insurance Co. Ltd. Vs. Angrej Singh & Ors., decided on
30.09.2013 while relying upon the dictum of Rajesh (Supra).
11. Admittedly, deceased was 34 years of age on the date of accident.
Therefore, keeping his age into view, I add 50% in his actual income
towards future prospects.
12. As far as the issue of non-pecuniary damages are concerned, deceased
died at the age of 34 years leaving behind his young widow wife, who lost
the enjoyment of association and love and affection of her husband.
Therefore, I award an amount of Rs.1,00,000/- each towards loss of love and
affection and loss of consortium and Rs.25,000/- towards funeral expenses.
13. Consequently, the compensation comes as under:
Sr. Heads Calculation as per Calculation as per
MACT this Court
No.
i. Loss of Rs.7,48,800/- Rs.6,48,000/-
dependency
ii. For loss of Rs.25,000/- Rs.1,00,000/-
love and
affection
iii. For loss of Rs.10,000/- Rs.1,00,000/-
consortium
iv. For loss of Rs.10,000/- Rs.10,000/-
estate
v. Towards Rs.5,000/- Rs.25,000/-
funeral
expenses
Total Rs.7,98,800/- Rs.8,83,000/-
Resultantly, the compensation is assessed as Rs.8,83,000/-
14. Accordingly, the enhanced compensation comes to Rs.84,200/-
(Rs.8,83,000 - Rs.7,98,800).
15. The enhanced amount shall also carry interest @ 7.5% per annum
from the date of filing of the claim petition till realization.
16. Accordingly, the appellant /Insurance Company is directed to deposit
the enhanced compensation amount with the Registrar General of this Court
within a period of five weeks from today, failing which, respondent /
claimant shall be entitled for penal interest @ 12% per annum on account of
delayed payment.
17. On deposit, the Registrar General is directed to release the amount in
favour of the respondent / claimant on taking necessary steps by her.
18. In view of the above, the appeal is partially allowed.
SURESH KAIT, J.
APRIL 02, 2014
jg
