Delhi High Court
Smt. Rajesh Yadav & Ors. vs Shree Pal & Ors on 9 September, 2014
$~A-9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 9th September 2014
+ MAC.APP. 990/2013
SMT. RAJESH YADAV & ORS. ..... Appellant
Through Mr. Peeush Sharma, Advocate.
versus
SHREE PAL & ORS ..... Respondents
Through None.
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
JAYANT NATH, J. (ORAL)
1. The present appeal was filed by the appellants seeking enhancement
of the compensation to impugn the Award dated 27.05.2013.
2. The brief facts led to the filing of the claim petition are that on
12.09.2010, the deceased Ajay Kumar Yadav was going in his car from
Noida to Delhi with his friends Harish and Roshan Lal. At Sector 15A,
Noida they were hit by a dumper driven in rash and negligent manner. The
occupants of the car sustained injuries and were pulled out by a PCR that
reached the spot. Ajay Kumar Yadav died on 22.09.2010. Harish Kumar
died on the same day as the accident. The present appeal is filed by the
dependents of deceased Ajay Kumar Yadav.
3. Based on the evidence on record, the Tribunal granted a total
compensation of Rs. 20,21,700/- as follows:
i) Medical expenses Rs.6,37,200/-
ii) Loss of dependency Rs. 13,14,500/-
iii)Loss of Love and affection Rs.25,000/-
iv)Funeral expenses Rs. 25,000/-
v) Loss of estate Rs.10,000/-
iv) Funeral charges Rs.10,000/-
v) Loss of consortium Rs.10,000/-
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TOTAL Rs.20,21,700/-
4. The Tribunal noted that the deceased was said to be working as an
Event Manager. He used to give coaching in basket ball. He has played in
Youth National Basket Ball Championship. He had a certificate issued by
NCC and a Sanitary Inspector Diploma. He was graduate from CCS
University in second division.
5. However, in the absence of any record as to the income of the
deceased, minimum wages for a graduate which was on the date of death Rs.
Rs.7020/- P.M. were taken. The said amount was increased by 30% for
inflation, multiplier of 18 was taken and total dependency was calculated at
Rs. 13,14,500/-.
6. Learned counsel appearing for the appellants submits that the
compensation awarded is inadequate and on the lower side as the deceased
was highly qualified and was working for an Event Management Company
drawing an income of Rs. 35,000/- p.m. He was a basket ball player and
giving coaching in the game. Hence, computing his wages based on
minimum wages was erroneous and his income should have been taken at a
much higher figure of Rs. 35,000/- p.m. It is further urged that the future
prospects have been taken only as 30%. It is further urged that loss of love
and affection has been awarded at only Rs. 25,000/- when normally Rs.
1,00,000/- is being awarded. Loss of consortium is also said to be Rs.
10,000/-. It is stated that as the widow of the deceased has remarried, loss of
consortium being awarded by this Court is Rs. 10,000/-. The balance amount
should be awarded under the head of "Loss of Estate".
7. Coming to the first submission of the learned counsel for the appellant
regarding computation of the income of the deceased. PW1 Smt. Rajesh
Yadav in her evidence by way of affidavit has merely said that the deceased
was working in a company as Event Manager earning Rs. 35,000/- p.m. He
was said to be a good basket ball player giving coaching for basket ball
including coaching at Andhra Public School. He was said to be an organiser
of parties and fashion week shows/programmes. He had passed exam for
physical teacher. Certificates as noted by the Tribunal were placed on
record.
8. In my opinion, the evidence of PW1 Smt. Rajesh Yadav gives no
detail about the work of the deceased. No doubt, it is mentioned that he was
an Event Manager. There are no details of the events organized by him, the
clients for whom he used to work. She admits in her cross-examination that
the deceased was not an income tax assessee and has not filed income tax
returns though he was said to be earning Rs. 35,000/- p.m. Regarding his
being a competent basket ball player, the extent of his calibre is unclear.
Merely having attended a Youth National Basketball Championship only
indicates that he was a keen basketball player. There was nothing to show as
to whether he was a University level player or a State level player.
9. In view of the evidence placed on record, in my opinion, the order of
the Tribunal assessing the income of the deceased based on minimum wages
of graduate is in order and no fault can be found in the same.
10. On the issue of future prospects, in my opinion, the deceased at the
time of death was 24 years old. Keeping in view of the dicta of the Supreme
Court in the case of Rajesh & Ors. vs. Rajbir Singh & Ors., (2013) 9 SCC
54, the income of the deceased would have been increased on account of
future prospects by 50%.
11. Accordingly, the loss of dependency would now come to
Rs.15,16,320/-[(84,240/- + 50% - 1/3) x 18].
12. Coming to love and affection, in my opinion, a sum of Rs. 25,000/- is
inadequate on account of loss of a young son who is 24 years by the
appellant i.e. parents of the deceased, I increase the said sum to Rs.
1,00,000/-. The total compensation would now come to Rs. 22,89,520/-.
13. The award notes that widow of the deceased Ms. Anju had remarried.
Accordingly, the Tribunal had granted Rs. 7,60,850/- each to the appellants
no. 1 and 2 being the parents of the deceased. Rs. 5,00,000/- was awarded
to the wife of the deceased.
14. The respondent no. 3/Insurance Company is directed to deposit the
additional amount as per this order with 9% p.a. from the date of filing of
the petition till deposit in the court. The said amount may be released in the
equal proportion to appellants no. 1 and 2.
15. Appeal stands disposed of.
JAYANT NATH, J
SEPTEMBER 9, 2014
Rs
