Smt. Manju And Ors. vs Akhtar And Ors.
2014 Latest Caselaw 1425 Del

$~R35A
*   IN THE HIGH COURT OF DELHI AT NEW DELHI

%                         Judgment delivered on: 18th March, 2014

+              MAC.APP. No.1055-57/2006


SMT. MANJU AND ORS.                                       .... Appellants
             Represented by:             Mr. Peeush Sharma, Adv.

                      Versus

AKHTAR AND ORS.                                                ..... Respondents
            Represented by:              NEMO.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. The present appeal has been preferred against the impugned award dated 31.08.2006, whereby Ld. Tribunal has awarded compensation for an amount of Rs.5,45,000/- with interest @ 8% per annum from the date of filing of the claim petition till realization of the amount.

2. Vide the present appeal, appellant is seeking enhancement of the compensation amount noted above.

3. Ld. Counsel appearing on behalf of the appellant submits that deceased was 25 years of age at the time of accident. He was working as a driver and was earning Rs.5,000/- per month. However, the appellants failed to prove the salary of the deceased, Ld. Tribunal has assessed his monthly

income as Rs.3,589/- as per the minimum wages applicable to a skilled worker.

4. Ld. Counsel further submits that keeping in view the age of the deceased as 25 years at the time of accident, Ld. Tribunal ought to have added 50% in his actual income towards future prospects. However, failed to do so.

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. As far as the issue of future prospects is concerned, this court dealt this issue 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 (Supra). Accordingly, 50% of the monthly income is granted as future prospects.

7. Ld. Counsel further submits that Ld. Tribunal has awarded compensation for an amount of Rs.15,000/- towards loss of consortium, Rs.10,000/- towards funeral rites on lower side. Moreover, no amount has been granted towards loss of love and affection and towards loss of estate.

8. The accident had taken place on 30.06.2005, thus 9 years passed down the line. The deceased died at the age of 25 years, leaving behind young widow and parents.

9. Therefore, keeping in view the facts and circumstances of the case, I grant an amount of Rs.30,000/- towards loss of consortium and Rs.30,000/- towards loss of love and affection.

10. Consequently, the compensation amount comes as under:-

Sr. Heads Calculation as per Calculation as per No. MACT this Court

1. Loss of Rs.5,20,000/- Rs.7,73,280/-

dependency

2. Loss of Rs.15,000/- Rs.30,000/-

consortium

3. Loss of love and Nil Rs.30,000/-

affection

4. Towards funeral Rs.10,000/- Rs.10,000/-

expenses Total Rs.5,45,000/- Rs.8,43,280/-

Resultantly, the compensation is assessed as Rs.8,43,280/-.

11. Hence, the enhanced compensation comes to Rs. 2,98,280/- (Rs.8,43,280 - Rs.5,45,000).

12. The enhanced compensation shall also carry interest @ 8% per annum from the date of filing of the appeal till realization of the amount.

13. The respondent No.3 / Insurance Company is directed to deposit the enhanced compensation amount with the Registrar General of this Court within a period of six 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 impugned award dated 31.08.2006 passed by the learned Tribunal on taking necessary steps by them.

15. In view of the above, the appeal is allowed.

SURESH KAIT, J.

MARCH 18, 2014 jg