Delhi High Court
Bala & Ors. vs Gandhi & Anr. on 30 September, 2014
$~A-16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision:30.09.2014
+ MAC.APP. 40/2013
BALA & ORS. ..... Appellants
Through Mr.O.P. Mannie, Adv.
Versus
GANDHI & ANR. ..... Respondents
Through Ms. Suman Bagga, Adv for Respondent
No.2.
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
JAYANT NATH, J.(ORAL)
1. The present appeal is filed seeking to impugn the compensation awarded
vide impugned award dated 13.07.2012 by the claimant.
2. The brief facts are that Sh. Hans Raj on 05.01.2010 was driving a TSR
which had other passengers on board. He was going from ISBT to Dhansa
Border, Bahadurgarh. On the way he was hit by a TATA Safari which came at
a very high speed said to be driven in a rash and negligent manner. The
deceased Hans Raj received fatal injuries.
3. Based on the evidence on record the Tribunal awarded the following
compensation:-
1. Loss of dependency Rs.8,32,464/-
2. Loss of love and affection Rs.25,000/-
3. For funeral expenses Rs.10,000/-
4. Loss of estate Rs.10,000/-
5. Loss of consortium Rs.10,000/-
Total Rs.8,87,464/-
4. A perusal of the award shows that the Tribunal assessed the income of
the deceased at Rs.3,953/- per month based on minimum wages for an
unskilled person. The Tribunal further enhanced the income by 30% on account
of future prospects and deducted 1/4th towards personal expenses keeping into
account the fact that the deceased left behind a widow, minor son and parents.
Loss of dependency was hence calculated at Rs.3,854/- per month and using
the multiplier of 18 it came to Rs.8,32,464/-.
5. Learned counsel appearing for the appellants submits that the deceased
was working as a driver and the minimum wages for a skilled workman would
be applicable. He further submits that this income as assessed based on
minimum wages would have to be enhanced by 50% and not by 30% inasmuch
as the deceased was aged 25 years. He lastly submits that the compensation
awarded for loss of love and affection is on the lower side as only Rs.25,000/-
has been awarded.
6. Learned counsel appearing for respondent No.2 submits that the
compensation is fair and reasonable. She submits that there is no proof placed
on record to show that the deceased was a driver or trained driver and hence,
minimum wages for an unskilled worker is an appropriate figure.
7. Coming to the issue of assessment of wages, in my opinion it is on
record that the deceased was working as a driver. There is no merit in the
contention of the learned counsel for the Insurance Company that there is no
proof to show that the deceased was a skilled driver. The driving license of the
deceased Sh. Hans Raj is on record. The driving license which is dated
07.05.2009 has been issued by Government of Nagaland being
No.42918/NW/PROF/09.
8. Further PW-2, Sh. Surender, the eye witness in his evidence by way of
affidavit states that he was going on a motorcycle behind the TSR. The
deceased was driving the TSR and as a result of the accident, the TSR turned
over and due to which the driver Hans Raj received grievous injuries and died
in the hospital. There is no cross-examination of the said witness on this aspect.
PW-1, the widow also in her evidence states that the deceased was working as a
driver. She reiterates in her cross-examination that the deceased was driving the
TSR.
9. In the light of the above evidence, it is clear that the deceased was a
skilled driver. Hence, the minimum wages on the said date as applicable for a
skilled worker would be the appropriate wages to be used for computing loss of
dependency. The minimum wages for a skilled worker on the relevant period
i.e. January 2010 was Rs.4,377/- per month.
10. As far as the issue of future prospects is concerned, keeping in view the
judgment of the Supreme Court in the case of Rajesh & Ors. vs. Rajbir Singh
& Ors., (2013) 9 SCC 54 appropriate enhancement for future prospects would
be 50% and not 30% as taken by the Tribunal. This is in view of the fact that
the deceased was 25 years old on the date of the accident.
11. It is true that as far as loss of love and affection is concerned, the
Tribunal has awarded Rs.25,000/- for loss of love and affection. The deceased
is survived by one minor son. Keeping in view the judgment of the Supreme
Court in case of Kala Devi vs. Bhagwan Das (2014) 12 SCALE 513, I
enhance the compensation payable for loss of love and affection from
Rs.25,000/- to Rs.1 lac.
12. Though it has not been argued, I may note that in the grounds of appeal
the appellants have also challenged the award of Rs.10,000/- for loss of
consortium and have claimed Rs.100,000/- under the same head. Keeping in
view the judgment of the Supreme Court in the case of Rajesh & Ors. vs.
Rajbir Singh & Ors.(supra) and subsequent judgment in Anjali Singh & Ors
vs. Salauddin & Ors. JT 2014 (7) SC 183, I enhance the compensation payable
under the head of loss of consortium from Rs.10,000/- to Rs.100,000/-. The
compensation now payable to the appellant would be as follows:-
1. Loss of dependency Rs.10,636,11 /-
(Rs.4377/-+ 50% -1/4th x
12 x 18)
2. Loss of love and affection Rs.1,00,000/-
3. For funeral expenses Rs.10,000/-
4. Loss of estate Rs.10,000/-
5. Loss of consortium Rs.1,00,000/-
Total Rs.12,83,611 /-
13. In my opinion above compensation is just, fair and reasonable in the
facts and circumstances of the case.
14. Respondent No.2/Insurance Company may deposit the enhanced
compensation amount along with interest @ 7.5% p.a. from the date of filing of
the claim petition till deposit before the Registrar General of this Court within
six weeks from today. On receipt of the said amount, the Registrar General
shall release 50% share of appellants No.1, 3 and 4 in the same proportion as
directed in the award with accumulated interest and the balance 50% shall be
kept in fixed deposit with UCO Bank, Delhi High Court Branch for a period of
five years. Appellants No.1, 3 and 4 shall be entitled to interest on the said
fixed deposit at quarterly rests. It is directed that full share of the minor in the
enhanced compensation as per the direction of the award shall be kept in a
fixed deposit with UCO Bank, Delhi High Court Branch for a period of five
years or till he attains the age of 18 years whichever is later.
15. With above directions, the present appeal stands disposed of.
JAYANT NATH, J
SEPTEMBER 30, 2014
rb
