Roshni Devi & Ors vs Takdeer Singh & Ors.
2015 Latest Caselaw 1049 Del

Citation : 2015 Latest Caselaw 1049 Del
Judgement Date : 4 February, 2015

Delhi High Court

Roshni Devi & Ors vs Takdeer Singh & Ors. on 4 February, 2015

Author: G.P. Mittal

$~14
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                           Date of decision: 4th February, 2015
+        MAC.APP. 694/2013
         ROSHNI DEVI & ORS                                ..... Appellants
                       Through:          Mr. Manu Shahalia, Adv.

                            versus

         TAKDEER SINGH & ORS.                              ..... Respondents
                      Through:           Ms. Suman Bagga, Adv. with
                                         Mr. Pankaj Gupta, Adv. for R-3.

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

G. P. MITTAL, J. (ORAL)

1. The appeal is for enhancement of compensation of Rs.5,65,682/-

awarded for the death of Mahabir Singh, who died in a motor

vehicular accident which occurred on 11.08.2010.

2. During inquiry before the Motor Accident Claims Tribunal (the

Claims Tribunal), it was claimed that deceased Mahabir Singh was a

retired Naib Subedar from Army. He was getting a pension of

Rs.13,845/- per month and was carrying on business under the name

and style of 'Dalal Khad Beej Bhandar' dealing in seeds and building

material. It was also claimed that the deceased was a matriculate.

3. There were seven Petitioners including three married daughters. The

Claims Tribunal took minimum wages of a Matriculate, deducted 1/5 th

towards personal and living expenses and applied the multiplier of 9

(as per the age of the deceased as 57 years) to compute the loss of

dependency as Rs.5,10,681/-.

4. It is urged by the learned counsel for the Appellants that no

compensation was awarded towards deduction in pension in as much

as the pension was reduced from Rs.13,845/- to Rs.8,412/-. It is stated

that the compensation awarded towards non-pecuniary damages is also

on the lower side. The potential income was also assessed on the

lower side.

5. It was admitted by PW-3 Anil Kumar son of the deceased Mahabir

Singh that the deceased was not assessed to income tax. Therefore,

the Claims Tribunal rightly took the minimum wages of the

Matriculate, i.e. Rs.6448/- per month to compute the loss of

dependency because any income beyond Rs.1,80,000/- at the relevant

time was subject to income tax. It is established from the certificate

Ex.PW-3/10 issued by the Punjab National Bank that during his

lifetime, the deceased was getting a pension of Rs.13,845/- per month

and after his death, the family pension got reduced to Rs.8,412/-. This

was the real loss to the widow and the dependants. Therefore, the

compensation towards loss of dependency ought to have been awarded

for loss of pension of Rs.5433/- per month as well.

6. At the same time, the three daughters, Appellants no.5 to 7 being

married, they were not dependent upon the deceased Mahabir Singh.

Further, although, Appellants no.2 and 3 were major, but even major

sons remain dependent upon the parents till they settle in their life.

Thus, deduction towards personal and living expenses ought to have

been 1/4th instead of 1/5th as made by the Claims Tribunal.

7. The loss of dependency thus, comes to Rs.9,62,361/- (6448/- + 5433/-

x 12 x 3/4 x 9).

8. In addition, the Appellants are entitled to a sum of Rs.1,00,000/- each

towards loss of love and affection and loss of consortium; Rs.25,000/-

towards funeral expenses and Rs.10,000/- towards loss to estate.

9. The compensation awarded is re-computed as under:-

Sl. Compensation under various heads Awarded by this Court No.

     1.      Loss of Dependency                                    9,62,361/-

     2.      Loss of Love and Affection                            1,00,000/-



     3.      Loss of Consortium                                  1,00,000/-

    4.      Funeral Expenses                                        25,000/-

    5.      Loss to Estate                                          10,000/-

                                              Total        Rs.11,97,361/-