Delhi High Court
Oriental Insurance Co. Ltd. vs Zarina Khatoon & Ors. on 22 April, 2015
Author: G.P. Mittal
$~53
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 22nd April, 2015
+ MAC.APP. 466/2012
ORIENTAL INSURANCE CO. LTD.
..... Appellant
Through: Mr. Abhishek Kumar, Advocate with
Mr. C.K. Gola, Advocate
versus
ZARINA KHATOON & ORS.
..... Respondents
Through: Mr. Nirmal Singh, Advocate for
Respondents no.1 & 2.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
G. P. MITTAL, J. (ORAL)
1. With the consent of the learned counsel for the parties, the appeal is
taken up for final disposal.
2. The appeal is for reduction of compensation of Rs.6,45,112/- awarded
by the Motor Accident Claims Tribunal (the Claims Tribunal) in
favour of Respondents no.1 and 2 for the death of their unmarried son
Mohd. Mujahid who suffered fatal injuries in a motor vehicular
accident which occurred on 06.09.2006.
3. The Claims Tribunal took minimum wages of a matriculate and added
50% towards future prospects to compute the loss of dependency as
Rs.5,15,112/-. In addition, the Claims Tribunal further awarded
Rs.1,30,000/- towards non-pecuniary damages.
4. It is contended by the learned counsel for the Appellant that the
deceased was only an intermediate and had not yet started earning.
Even if the Claims Tribunal granted compensation on the basis of
minimum wages of a matriculate, addition of 50% towards future
prospects was not permissible. It is also urged that the award of
compensation of Rs.1,30,000/- towards non-pecuniary damages is on
the higher side.
5. On the other hand, the learned counsel for the Respondents supports
the impugned judgment and urges that the compensation awarded is
just and reasonable. The learned counsel states that the deceased was
not merely a matriculate, in fact, he had passed his intermediate
examination and was in the process of completing his graduation from
the School of Open Learning University of Delhi. In addition, the
deceased had also obtained the Computer Operator Course
(Ex.PW1/K) issued by the Board of Technical Education, N.C.R.
Delhi.
6. It is well settled that in case of a student, his potential income has to
be taken into consideration. Since the deceased was holding a
Certificate of Computer Operator Course from an Institute run by the
Government of NCT of Delhi, his potential income could have been
taken at least Rs.6,266/- per month as per the claim of Respondents
no.1 and 2. The deceased had already started working as a Computer
Operator in Saifi Muslim Fund at C-76, Jama Masjid, Delhi. Even if
the salary of the deceased was not proved, taking into consideration
his qualification, I will accept his earning to be Rs.6,266/- per month
as claimed. The loss of dependency thus, comes to Rs.4,88,748/-
(Rs.6,266/- x 1/2 x 12 x 13).
7. In addition, in view of the judgment in Rajesh & Ors. v. Rajbir Singh
& Ors., (2013) 9 SCC 54, Respondents no.1 and 2 are entitled to 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.
8. The overall compensation therefore, comes to Rs.6,23,748/-. In view
of this, the award of Rs.6,45,112/- granted by the Claims Tribunal
cannot be said to be excessive or exorbitant calling for any
interference by this Court.
9. The appeal therefore, has to fail; the same is accordingly dismissed.
10. Pending applications also stand disposed of.
11. It is stated by the learned counsel for Respondents no.1 and 2 that a
sum of Rs.2,00,000/- in all has already been released to Respondents
no.1 and 2. The Respondents have already performed the marriage of
their daughter and they are in dire need of money as the house in their
village needs urgent repairs. It is urged that the entire amount may be
released to the Respondents.
12. It is directed that a sum of Rs.2,00,000/- shall be initially released to
Respondents no.1 and 2 in equal proportion. Respondents no.1 and 2
shall file status report with regard to the construction raised/repairs
done with the amount of Rs.2,00,000/- and thereafter, they shall be at
liberty to apply to this Court for pre-mature withdrawal of further
amount if the same is needed. Respondents no.1 and 2 shall be entitled
to get quarterly interest on the balance amount which shall be held in
Fixed Deposit for a period of 366 days.
13. The statutory amount, if any, deposited shall be released to the
Appellant Insurance Company.
(G.P. MITTAL)
JUDGE
APRIL 22, 2015
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