New India Assurance Co. Ltd. vs Trilok Singh @ Triloki & Ors
2015 Latest Caselaw 2719 Del

$-14

*       IN THE HIGH COURT OF DELHI AT NEW DELHI


                                                    Decided on: 6th April, 2015

+       MAC.APP. 861/2012

        NEW INDIA ASSURANCE CO. LTD.
                                                            ..... Appellant
                                 Through:   Ms.Neerja Sachdeva, Advocate

                        versus

        TRILOK SINGH @ TRILOKI & ORS
                                                            ..... Respondents
                                 Through:   None


        CORAM:
        HON'BLE MR. JUSTICE G.P.MITTAL

                                 JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The appeal is for reduction of compensation of

Rs.5,55,000/- awarded by the Motor Accident Claims Tribunal

(the Claims Tribunal) in favour of Respondents no.1 and 2 for

the death of their 16 years old son Chaman Lal @ Canki who

suffered fatal injuries in a motor vehicular accident which

occurred on 09.12.2009.

2. It is very unfortunate that the Appellant Insurance Company

preferred to approach this Court even on the award of paltry

compensation in a fatal accident case. It is admitted case of the

parties that the deceased was a student of 8th standard in Jeeven

Jyoti Public School. It was claimed that he was doing stitching

work in addition to his studies. Even if the factum of the

deceased doing stitching work is disbelieved, it is well settled

that in case of a student, potential income can be taken into

consideration to award loss of dependency and loss of earning

capacity. (See Meenu Tognatta & Anr. v. National Insurance

Company Limited, MAC APP.238/2012, decided on

20.04.2012).

3. Since deceased Chaman Lal @ Canki was a student of 8 th

standard and assuming that he belonged to poor strata of the

society, he would have at least completed his matriculation.

The minimum wages of a matriculate on the date of the accident

were Rs.4,382/- per month. On making deduction of 50%

towards personal and living expenses(in case of a bachelor) and

applying the multiplier of 14, the loss of dependency would

come to Rs.3,68,088/-(Rs.4,382/- x 1/2 x 12 x 14).

4. On addition of a sum of Rs.1,00,000/- towards loss of love and

affection, Rs.25,000/- towards funeral expenses and Rs.10,000/-

towards loss to estate, the overall compensation would come to

Rs.5,03,088/-. Therefore, the award of compensation of

Rs.5,55,000/- granted by the Claims Tribunal cannot be said to

be exorbitant or excessive calling for interference by this Court.

5. The appeal therefore, has to fail; the same is accordingly

dismissed.

6. Pending applications also stand disposed of.

7. Statutory amount, if any, deposited shall be refunded to the

Appellant Insurance Company.

(G.P. MITTAL) JUDGE APRIL 06, 2015 pst