Delhi High Court
Smt Sarita & Ors. vs Shri Vimlesh & Ors on 27 March, 2014
Author: Suresh Kait
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 27th March, 2014
+ MAC.APP. No.1110/2013
SMT SARITA & ORS. ..... Appellants
Represented by: Mr. N.P.Nehra, Adv.
Versus
SHRI VIMLESH & ORS ..... Respondents
Represented by: Mr. L.K.Tyagi, Adv. for
R3.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
CM. No. 19415/2013
In view of the averments made in the application, the delay in filing
the instant appeal is condoned.
The application stands disposed of.
+ MAC.APP. No.1110/2013
1. The present appeal has been preferred against the impugned award
dated 28.02.2013, whereby Ld. Tribunal has awarded compensation for an
amount of Rs.27,13,000/- with interest as per the directions of Tribunal.
2. Vide the present appeal, appellants / claimants are seeking
enhancement of the compensation amount noted above.
3. Mr. N.P. Nehra, Ld. Counsel appearing on behalf of the appellants
submits that the deceased on the date of accident was 32 years of age and
was earning his livelihood as a driver. He left behind four dependents, i.e.,
his young widow wife, two minor children and widow mother. However,
Ld. Tribunal has erred in adding 15% in his actual income towards future
prospects.
4. Ld. Counsel further submits that the Ld. Tribunal erred in applying
multiplier of 15. However, keeping in view the dictum of Sarla Verma Vs.
DTC and Ors. 2009 (6) SCC 121 and the age of the deceased as 32 years at
the time of accident, Ld. Tribunal ought to have applied the multiplier of 16.
5. Lastly, Ld. Counsel argued that the deceased died at the age of 32
years leaving behind four dependents despite that Ld. Tribunal, towards non-
pecuniary damages, has awarded Rs.25,000/- towards love and affection and
Rs.10,000/- towards funeral expenses on the lower side. Further, no amount
has been awarded towards loss of consortium and for loss of estate.
6. On the other hand, Mr. L.K. Tyagi, Ld. Counsel appearing on behalf
of the respondent / insurance company submits that the claimants failed to
prove that the deceased was in permanent employment. Therefore, keeping
in view the dictum of Sarla Vema (Supra) Ld. Tribunal has added 15% in
his actual income towards future prospects.
7. On the issue of multiplier, Ld. Counsel for the insurance company has
fairly conceded that the Ld. Tribunal has erred in applying the multiplier of
15 and ought to have applied the multiplier of 16 keeping in view the age of
the deceased as 32 years on the date of the accident.
8. As far as the issue of compensation granted towards non-pecuniary
damages are concerned, Ld. Counsel submits that keeping in view the facts
and circumstances of the case, Ld. Tribunal has rightly awarded the
compensation on this issue. Therefore, no interference is required from this
court on this issue.
9. I have heard Ld. Counsels for the parties.
10. As far as the issue of future prospects is concerned, this issue has been
dealt by this court in the case of ICICI Lombard General Insurance Co.
Ltd. Vs. Angrej Singh & Ors., decided on 30.09.2013 while relying upon
the dictum of Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE
563.
11. Admittedly, the age of the deceased on the date of accident was 32
years. Therefore, keeping in view the dictum in Rajesh (Supra) and the
view taken by this court in Angrez Singh (Supra), I add 50% in his actual
income towards future prospects.
12. So far as the issue of multiplier is concerned, keeping in view the
settled law and statement made by the Ld. Counsel appearing on behalf of
the respondent / insurance company multiplier is applied as 16.
13. As far the issue of the non-pecuniary damages are concerned,
deceased was 32 years of age on the date of accident. He was a driver by
profession. He left behind young widow, two minor children and widow
mother. Thus, the wife has lost the enjoyment of association of her deceased
husband, children lost the love and affection and guidance of their father,
and mother lost the love and affection and support of her son in her old age.
Therefore, keeping in view the facts of this case, I deem it appropriate to
grant Rs.1,00,000/- each towards loss of love and affection and towards loss
of consortium, Rs.10,000/- towards loss of estate and Rs.25,000/- towards
funeral expenses.
14. Consequently, the compensation comes as under:
Sl. Heads of Compensation Compensation
No. Compensation granted by ld. granted by this
Tribunal Court
1. Loss of dependency Rs.26,77,995/- Rs.37,26,000/-
2. Loss of love and Rs.25,000/- Rs.1,00,000/-
affection
3. For funeral expenses Rs. 10,000/- Rs. 25,000/-
4. Loss of estate Nil Rs. 10,000/-
5. Loss of Consortium Nil Rs.1,00,000/-
TOTAL Rs. 26,12,995/- Rs.39,61,000/-
(Rounded off to
Rs.27,13,000/-)
Accordingly, the compensation is assessed as Rs.39,61,000/-.
15. Resultantly, an amount of Rs.12,48,000/- (Rs.39,61,000 -
Rs.27,13,000/-) is enhanced.
16. It is pertinent to mention here that Ld. Tribunal in Para 20 of the
impugned award directed respondent no. 3 / Insurance Company to deposit a
cheque directly with SBI, Saket Court Branch within 30 days from the date
of the award and in case of default penal interest @ 12% per annum was
directed to be paid from the date of filing of the DAR till the deposit of the
award amount. Thus, the Ld. Tribunal has not clearly awarded the interest
on the compensation amount.
17. Vide order dated 19.07.2013 in an application for stay being
No. 1079/2013 filed by the Insurance Company in MAC. Appeal No.
630/2013, this court granted stay on the execution of the award dated
28.02.2013 subject to deposit the entire award amount in terms of order
passed by the Ld. Tribunal. Accordingly, Insurance Company had deposited
the compensation amount.
18. The accident had occurred on 19.07.2012. The petition was filed on
28.09.2012 and award was passed on 28.02.2013. Therefore, keeping the
rate of interest prevailing on a FDR at the relevant time, I award interest @
8.5% per annum on the compensation amount from the date of filing of the
DAR till realization of the amount.
19. Accordingly, respondent / insurance company is directed to deposit
the enhanced amount with interest @ 8.5% per annum 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.
20. On deposit, the Registrar General is directed to release the amount in
favour of the appellants / claimants proportionately in terms of the award
dated 28.02.2013 on taking steps by them.
21. The appeal is allowed, accordingly.
SURESH KAIT, J.
MARCH 27, 2014
jg
