Delhi High Court
Iffco-Tokio General Insurance ... vs Smt Salochna & Ors on 9 May, 2014
Author: Deepa Sharma
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP. 976/2013
IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD
..... Appellant
Through: Ms. Suman Bagga, Advocate
alongwith Mr.Pankaj Gupta,
Advocate.
versus
SMT SALOCHNA & ORS ..... Respondents
Through: Mr. S.N. Parashar, Advocate for R- 1
to 4.
CORAM:
HON'BLE MS. JUSTICE DEEPA SHARMA
ORDER
% 09.05.2014
1. Vide award dated 12th August, 2013, the learned tribunal had
awarded the sum of Rs. 38,95,020/- to the LR's of the deceased
Rohitash Khairwa as compensation. The appellant has come before
this court for the reduction of the awarded amount.
2. In this case, the findings of the tribunal that the accident had
taken place due to rash and negligent driving on the part of the
offending vehicle has not been challenged, and therefore, this finding
of the learned tribunal has attained finality.
3. The brief facts of the case are that on 27.07.2011, Rohitash
Khairwa who was Constable in CISF and was aged 40 years was
travelling in the TSR no. DL-1RG-9975 alongwith his co-staff. At
about 6.40 pm on that day, when he reached in front of Gate No.1 of
National Stadium, Outer Circle India Gate and stopped the TSR and
was in the process of deboarding the TSR, in the meantime, another
TSR no. DL-1RL-5362 came at a high speed and hit the stationary
TSR in which Rohitash Khairwa was travelling. As a result, the
deceased fell down and sustained multiple injuries and was removed
to RML hospital by the PCR van and he succumbed to the injuries on
30th July, 2011.
4. The tribunal has calculated the total salary of the deceased as
under:
Basic Pay : Rs. 9460/-
Grade Pay: : Rs. 2800/-
DA : Rs. 6235/-
Conveyance : Rs. 2416/-
The total wages of the deceased was taken as Rs. 20,911/- for
calculation of loss of dependency.
5. It is contended on behalf of the appellant that the learned
tribunal has wrongly included the conveyance allowance of Rs. 2416/-
as part of the salary for the assessment of the loss of dependency. It is
submitted that the conveyance allowance was not meant for the
benefit of his family but it was a sort of reimbursement for the
expenses, the deceased was incurring on the conveyance.
6. Learned counsel for the respondent has contended that the
learned tribunal has rightly added the conveyance allowance in the
total salary for calculating the loss of dependency.
7. I have given thoughtful consideration to the rival contentions
and hold as under:-
It is a settled law that while calculating the income of the
deceased for the purpose of calculating the loss of dependency, all the
perks, the deceased was receiving and which are meant for the benefit
of the whole family are required to be added. There is no doubt that
the conveyance is granted to an employee as part of reimbursement to
the expenses which he incurs during the course of his employment
and it is not meant as a perk for the benefit of the family. Addition of
the conveyance allowance into the salary meant for assessing the loss
of dependency is therefore not as per the law.
The salary of the deceased for calculation of the loss of
dependency thus is :-
Rs. 20911 - Rs. 2416 = to Rs. 18495/-.
There is no other dispute to the calculation of loss of dependency.
Total salary Rs. 18495 + 30% of 18495/- =Rs 24043.5/-
The personal and living
expenses of the deceased Rs. 24043.5/- X 1/4th =
Rs. 6010.8/-
Total salary available for
calculating loss of dependency Rs. 24043.5 - Rs. 6010.8= Rs. 18032.7/-
rounded to Rs. 18033/- per month.
Total loss of dependency Rs. 18033/- X 12 X 15 = Rs. 3245940/-.
8. It is argued on behalf of the respondent that the learned tribunal
has not granted any expenses towards loss of Estate.
9. An amount of Rs. 10,000/- is awarded towards loss of Estate of
the deceased.
10. The total compensation awarded to the LR's of the deceased
respondent is as under:-
Loss of dependency : Rs. 32,45,940/-
Funeral expenses : Rs. 25,000/-
Loss of care and guidance to minor
Children : Rs. 1,00,000/-
Loss of consortium : Rs. 1,00,000/-
Loss of Estate : Rs. 10,000/-
Total : Rs. 34,80,940/-
11. The compensation is awarded alongwith interest of Rs. 9% per
annum from the date of petition till its realisation.
12. 10% of the awarded amount shall be released to the mother of
the deceased, 40% shall be released to the widow of the deceased out
of which 15% be kept in FD for 5 years. 25% shall be released in the
name of each of the minor children and the same shall be kept in FD
till they attain majority. However, the mother of the minor children
can utilize the said amount for the welfare of the children with
permission of the court.
13. The statutory amount deposited by petitioner shall be released
to him.
14. It is submitted that the entire amount awarded by tribunal
already stands deposited with the Registrar General. The balance
amount, if any, shall be deposited with the Registrar General which
shall be released to the claimants as per direction.
15. With these directions, the appeal stands disposed of.
DEEPA SHARMA, J
MAY 09, 2014
sapna
