Delhi High Court
Sh. Sukhdev Dhal & Ors. vs United India Ins. Co. Ltd. on 27 January, 2014
Author: Suresh Kait
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 27th January, 2014
+ MAC.APP. No.428/2013
SH. SUKHDEV DHAL & ORS. .....Appellants
Represented by: Mr. S.N. Parashar, Advocate.
Versus
UNITED INDIA INS. CO. LTD. ..... Respondent
Represented by: Mr. P.R.Sikka and Mr.Amet
Sikka, Advocates.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Instant appeal has been preferred against the impugned award dated
20.01.2010, whereby the learned Tribunal has granted compensation for a
sum of Rs.2,82,000/- with interest @ 9% per annum from the date of filing
of the petition till realization of the amount.
2. Vide the present appeal, appellants are seeking enhancement of the
compensation amount noted above.
3. Learned counsel appearing on behalf of the appellants has argued that
on the date of accident, the deceased was 25 years of age. He was a bachelor
and left behind his parents. He submitted that while calculating the loss of
dependency, the learned Tribunal taking into consideration the Minimum
Wages Act, 1948 considered the salary of the deceased as Rs.3,200/-,
applicable to an unskilled person at the relevant time. Despite, the learned
Tribunal has not added any amount in the income of the deceased towards
future prospects while calculating the compensation.
4. Learned counsel further submitted that the compensation granted by
the learned Tribunal on account of non-pecuniary damages like Rs.50,000/-
for loss of love and affection and Rs.10,000/- for funeral expenses is also on
a very lower side.
5. To support his submissions, learned counsel has relied upon the case
of Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563.
6. On the other hand, learned counsel appearing on behalf of respondent/
Insurance Company while opposing the submissions made by learned
counsel for the appellants/claimants has submitted that appellants have failed
to establish that the deceased was in a permanent job, therefore, the learned
Tribunal has rightly not added anything towards future prospects.
7. This Court has considered the issue of future prospects in the case
bearing MACA No.846/2011 titled as 'ICICI Lombard General Insurance
Co. Ltd. Vs. Angrej Singh & Ors.,' decided on 30.09.2013 and consistently
following the dictum of Rajesh & Ors. (supra), wherein the Full Bench of
the Apex Court has held that 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.
8. Therefore, keeping in view the settled position of law and that the age
of deceased, i.e., 25 years at the time of the accident, I grant 50% of the
actual income of the deceased towards future prospects.
9. In the present case, at the time of the accident, the deceased was 25
years of age. He was a bachelor and his aged parents were dependent upon
him at that time. At the very young age, he lost his life and left his parents
in lurch. Therefore, keeping into mind all the facts and circumstances of the
case and following the dictum of Rajesh & Ors. (supra), I enhance the
compensation on account of loss of love and affection from Rs.50,000/- to
Rs.1,00,000/- and for funeral expenses from Rs.10,000/- to Rs.25,000/-
10. 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 Rs.2,12,000/- Rs.3,16,800/-
dependency
2. Loss of love and Rs. 50,000/- Rs.1,00,000/-
affection
3. For funeral Rs. 10,000/- Rs. 25,000/-
expenses
4. Loss to estate Rs. 10,000/- Rs. 10,000/-
TOTAL Rs.2,82,000/- Rs.4,51,800/-
11. Accordingly, the enhanced compensation amount comes to
Rs.1,69,800/-(Rs.4,51,800 - Rs.2,82,000).
12. The enhanced compensation amount also shall carry interest @ 9%
per annum from the date of filing of the claim petition till its realization.
13. Accordingly, the appellant/Insurance Company is directed to deposit
the enhanced compensation amount with upto date interest accrued thereon
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
@ 12% per annum on account of delayed payment.
14. On deposit, the Registrar General is directed to release the amount in
favour of the appellants/claimants in terms of the award dated 20.01.2010
passed by the learned Tribunal.
15. In view of the above, the appeal is allowed.
SURESH KAIT, J.
JANUARY 27, 2014
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