Delhi High Court
Sh. Ramesh Chand Pasi & Ors. vs Sh.Sukan Mehto & Ors on 15 April, 2014
Author: Suresh Kait
$~59
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 15th April, 2014
+ MAC.APP.No.1131/2011
SH. RAMESH CHAND PASI & ORS. .....Appellants
Represented by: Mr. S.S. Sisodia, Advocate.
Versus
SH.SUKAN MEHTO & ORS ..... Respondents
Represented by: Ms. Manjusha Wadhwa,
Advocate for Respondent
No.3/Insurance Company.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. The present appeal is preferred against the impugned award dated
03.08.2011, whereby the learned Tribunal has granted compensation for an
amount of Rs.5,39,000/- with interest at the rate of 7.5% per annum from the
date of filing of the petition till realization of the amount.
2. Vide the present appeal, the appellants are seeking enhancement of
the compensation amount, as noted above.
3. Mr.S.S.Sisodia, learned counsel appearing on behalf of the appellants
submits that the deceased Smt.Meena Pasi died at the age of 45 years, her
earnings were considered by the learned Tribunal as Rs.3,000/- per month,
however, no amount was added in her actual income towards future
prospects.
4. Learned counsel submits that towards non-pecuniary losses, the
learned Tribunal has awarded Rs.10,000/- each for loss of love and affection
and for loss of consortium and Rs.5,000/- for funeral expenses, which is on a
lower side.
5. Learned counsel further submits that the Appellate Court has to see
whether the learned Tribunal has awarded just and fair compensation. In the
present case, since the learned Tribunal has awarded less compensation,
therefore, the same may be enhanced.
6. On the other hand, Ms.Manjusha Wadhwa, learned counsel appearing
on behalf of the respondent No.3/Insurance Company submits that the
deceased was a house wife, therefore, the learned Tribunal keeping in mind
the dictum of Lata Wadhwa Vs. State of Bihar, 2001 (4) RCR (Civil),
assessed the services rendered by her as Rs.3,000/- per month. Further
submits, the claimants have failed to prove the earnings of the deceased and
that she was not in permanent employment, therefore, the learned Tribunal
has rightly not added any amount in her actual income towards future
prospects.
7. Ms.Wadhwa, further submits that the deceased died at the age of 45
years, left behind husband, two daughters. As respondent No.1/husband of
the deceased had died during the pendency of the appeal, thus, only two
daughters are left. Therefore, considering all the facts into view, the learned
Tribunal has granted sufficient amount towards non-pecuniary losses.
8. Learned counsel has also drawn the attention of this Court towards the
fact that out of two daughters, left behind by the deceased, one is married.
Thus, there is only one dependant. But the learned Tribunal has not
deducted any amount from the income of the deceased towards personal
expenses.
9. I have heard Ld. Counsels for the parties.
10. As regards the issue of future prospects is concerned, this Court has
dealt with the same in the case bearing MAC. APP. No.846/2011 titled as
ICICI Lombard General Insurance Co. Ltd. Vs. Angrej Singh & Ors.,
decided on 30.09.2013, while relying upon the case of Rajesh and Ors. Vs.
Rajbir Singh and Ors. 2013 (6) SCALE 563.
11. Therefore, keeping into consideration the view taken by this Court in
the aforesaid dictum and the age of the deceased, i.e., 45 years on the date of
the accident, I add 30% of the actual income of the deceased towards future
prospects.
12. Mr.Sisodia, learned counsel for the appellants has fairly conceded that
while awarding compensation, the learned Tribunal had lost sight and not
deducted any amount towards personal expenses and he does not dispute the
argument advanced by the learned counsel for the respondent
No.3/Insurance Company on this issue.
13. Thus, keeping in mind the fact that there is only one dependant, I
deduct half of the income of the deceased towards personal expenses.
14. So far as the non-pecuniary damages are concerned, undisputedly, the
deceased was a housewife. She left behind respondent No.1/husband (who
died during the pendency of the appeal) and two daughters; out of them one
is married. Therefore, keeping in mind the facts and circumstances of the
case and following the dictum of the Apex Court in the case of Rajesh &
Ors. (supra), I award Rs.1,00,000/- for loss of love and affection and
Rs.25,000/- for funeral expenses.
15. It is not in dispute that in the present case mother of the respondent
No.2 Kumari Neha @ Nisha died and on that date she was of the age of 20
years. Shri Ramesh Chand Pasi, respondent no.2, father of the respondent
No.2 died during the pendency of the appeal. Respondent No.3 Smt.
Pratibha sister of the respondent No.2 is married. Thus, no one is left in her
family to take care of the respondent No.2. She is unmarried; and she is
also unemployed. If she wishes to marry, it will be very difficult for her to
arrange finances for the said purpose. In these circumstances and in the
interest of justice, I award an amount of Rs.1,00,000/- towards marriage
expenses.
16. Accordingly, the compensation amount comes as under:
Sl. Heads of Compensation Compensation
No. Compensation granted by ld. granted by this
Tribunal Court
1. Loss of dependency Rs.5,04,000/- Rs.3,27,600/-
2. Loss of love and Rs. 10,000/- Rs.1,00,000/-
affection
3. Loss of estate Rs. 10,000/- Rs. 10,000/-
4. Loss of consortium Rs. 10,000/- Rs.10,000/-
5. Compensation Nil Rs.1,00,000/-
towards marriage
expenses
6. For funeral expenses Rs. 5,000/- Rs. 25,000/-
TOTAL Rs.5,39,000/- Rs.5,72,600/-
Accordingly, the total compensation amount is assessed at
Rs.5,72,600/-.
17. Resultantly, the enhanced compensation comes to Rs.33,600/-
(Rs.5,72,600/- - Rs.5,39,000/-)
18. The enhanced compensation shall carry interest @ 7.5% per annum
from the date of filing of the claim petition till realization of the amount
(except for the period not specifically allowed).
19. Accordingly, the respondent No.3/Insurance Company is directed to
deposit the enhanced compensation with proportionate interest with the
Registrar General of this Court within a period of five weeks from today,
failing which, appellants/claimants shall be entitled for penal interest at the
rate of 12% per annum on account of delayed payment.
20. On deposit, the Registrar General is directed to release the same in
favour of the appellant Nos. 2 and 3/claimants in equal proportion on taking
necessary steps by them.
21. In view of the above, the appeal is allowed.
SURESH KAIT, J.
APRIL 15, 2014
Sb/RS
