Delhi High Court
Ruchika Luthra vs Ashwani Garg & Ors. on 13 March, 2014
Author: Suresh Kait
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 13th March, 2014
+ MAC.APP. 950/2012
RUCHIKA LUTHRA ..... Appellant
Represented by: Mr.Manish Maini, Advocate.
Versus
ASHWANI GARG & ORS. ..... Respondents
Represented by: Mr.Shoumik Mazumdar,
Advocate for Respondent
No.2/Insurance Company.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. The present appeal is preferred against the impugned award dated
28.03.2012, whereby the learned Tribunal has granted compensation for a
sum of Rs.6,16,496/- with interest at the rate of 7.5% per annum from the
date of filing the claim petition till realization of the amount.
2. Vide the present appeal, the appellant is seeking enhancement of the
compensation amount noted above.
3. Learned counsel appearing on behalf of the appellant submits that
PW1, Smt. Ruchika Luthra, widow of the deceased had deposed that on the
date of the accident her husband was 25 years of age. He was in the
business of embroidery, earning Rs.25,000/- per month and contributing his
entire income towards household expenses.
4. Since the appellant failed to prove the avocation and salary of the
deceased, therefore, the learned Tribunal has assessed the income of the
deceased as Rs.3,934/- applicable to an unskilled person as per the Minimum
Wages Act, 1948.
5. Learned counsel further submits that the deceased was 25 years of age
on the date of the accident, despite that the learned Tribunal has not added
any amount in his actual income towards future prospects.
6. On this issue, learned counsel has relied upon the case of Rajesh and
Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563, wherein the Full
Bench of the Apex Court has 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.
7. Learned counsel further submits that the deceased died at the young
age and left behind his young widow and parents. Despite that, the learned
Tribunal has awarded Rs.25,000/- towards loss of love and affection,
Rs.10,000/- for loss of consortium and Rs.5,000/- for funeral expenses,
which is on a very lower side.
8. On the other hand, learned counsel appearing on behalf of the
respondent No.2/Insurance Company submits that the appellant has failed to
prove the avocation and salary of the deceased and also that he was in
permanent job, therefore, the learned Tribunal has assessed the monthly
income of the deceased as Rs.3,934/- applicable to an unskilled person at the
relevant time. Thus, the appellant is not entitled for any compensation
towards loss of future prospects.
9. To support his submissions, learned counsel has relied upon the case
of Sarla Verma & Ors. Vs. DTC & Anr., (2009) 6 SCC121, which has been
confirmed by the Full Bench of 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.
10. Regarding non-pecuniary damages, learned counsel for the respondent
No.2/Insurance Company submits that it is the discretion of the Tribunals to
grant compensation on these counts after taking into consideration the facts
and circumstances of the case. Accordingly, in the present case, keeping in
view the facts, the learned Tribunal has granted sufficient amount towards
non-pecuniary damages.
11. As regards the issue of future prospects is concerned, the same has
been dealt with by this Court 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 dictum of Rajesh and
others (supra). Therefore, keeping in view that the deceased was 25 years of
age at the time of the accident; I add 50% of the actual income of the
deceased towards future prospects.
12. So far as the non-pecuniary damages are concerned, the deceased was
aged 25 years of age at the time of the accident and left behind widow at a
young age, who lost her company and enjoyment of life. The parents have
lost their son instead of seeing his future and progress.
13. Keeping in view the facts and circumstances of the case, since the
amount awarded towards loss of love and affection, loss of consortium and
funeral expenses is inadequate, therefore, I enhance the same as
Rs.1,00,000/- each on account of loss of love and affection and loss of
consortium and Rs.25,000/- for funeral expenses.
14. 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.5,66,496/- Rs.8,49,744/-
dependency
2. Loss of love and Rs. 25,000/- Rs.1,00,000/-
affection
3. Loss of estate Rs. 5,000/- Rs. 5,000/-
4. Loss of consortium Rs. 10,000/- Rs.1,00,000/-
5. For funeral Rs. 5,000/- Rs. 25,000/-
expenses
TOTAL Rs.6,16,496/- Rs.10,79,744/-
15. Accordingly, the total compensation is assessed at Rs.10,79,744/-.
16. Hence, the compensation is enhanced to Rs.4,63,248/- (Rs.10,79,744/-
- Rs.6,16,496/-
17. The enhanced compensation shall carry interest @ 7.5% per annum
from the date of filing of the claim petition till realization of the amount.
18. Accordingly, the respondent No.2/ Insurance Company is directed to
deposit the enhanced amount with upto date interest accrued thereon with
the Registrar General of this Court within a period of six weeks from today,
failing which, appellant/claimant shall be entitled for penal interest @ 12%
per annum on account of delayed payment.
19. On deposit, the Registrar General is directed to release the amount in
favour of the claimants in terms of the award dated 28.03.2012 passed by the
learned Tribunal.
20. In view of the above, the appeal is allowed.
SURESH KAIT, J.
MARCH 13, 2014
Sb/RS
