Delhi High Court
Sudesh & Ors. vs Deepak Tyagi & Ors on 20 February, 2015
Author: G.P. Mittal
$-45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 20th February, 2015
+ MAC.APP. 155/2007
SUDESH & ORS.
..... Appellants
Through: Mr.Abhishek Gupta, Advocate
versus
DEEPAK TYAGI & ORS ..... Respondents
Through: Mr. Pankaj Seth, Advocate for
Respondent no.4 Insurance Co.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. The appeal is for enhancement of compensation of
Rs.17,09,818/- awarded by the Motor Accident Claims
Tribunal(the Claims Tribunal) in favour of the Appellants for
the death of Sahdev, who died in a motor vehicular accident
which occurred on 31.12.2005.
2. The following contentions are raised on behalf of the
Appellants:
(i) The deceased was in permanent employment of the
Municipal Corporation of Delhi. He was aged 35 years
and 10 months on the date of the accident, addition of
50% ought to have been made towards future prospects;
and
(ii) The compensation awarded to the Appellants towards
non-pecuniary damages is on the lower side.
3. On the other hand, the learned counsel for Respondent no.4,
Insurance Company submits that the compensation awarded is
just and reasonable.
4. The appeal must succeed on both the grounds.
5. Since deceased Sahdev was in permanent Government Service,
there ought to have been made an addition of 50% towards
future prospects. The Claims Tribunal also erred in making
deduction towards GPF. The amount paid in GPF is for the
benefit of the employee and his family. The loss of dependency
thus, on applying the multiplier of 15, comes to Rs.26,80,512/-
(Rs.12,833/- (including HRA) x 12 - Rs.5,079/-(Income Tax) +
50% x 3/4 x 16).
6. 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. In addition, the claimants were also entitled to a
sum of Rs.11,594/- towards medical expenses as awarded by the
Claims Tribunal.
7. The overall compensation thus, comes to Rs.29,27,106/-.
8. The enhanced compensation of Rs.12,17,288/- shall carry
interest @ 7.5% per annum from the date of the filing of the
claim petition till its payment.
9. 75% of the enhanced compensation shall go to Appellant no.1,
who is the widow of the deceased. Rest 25% shall go to
Appellant no.6, who is the mother of the deceased.
10. 80% of the enhanced compensation payable to Appellant no.1
shall be held in Fixed Deposit for a period of two, four, six and
eight years proportionately. Rest 20% shall be released on
deposit.
11. Similarly, 50% of the enhanced compensation payable to
Appellant no.6 shall be held in Fixed Deposit for a period of
two years. Rest 50% shall be released on deposit.
12. The enhanced compensation along with proportionate interest
shall be deposited within four weeks by Respondent no.4, the
New India Assurance Co. Ltd.
13. The appeal is disposed of in above terms.
14. Pending applications stand disposed of.
15. Dasti.
(G.P. MITTAL)
JUDGE
FEBRUARY 20, 2015
pst
