Delhi High Court
Surender Kumar & Anr vs Viresh Kumar & Ors on 26 February, 2015
Author: G.P. Mittal
$-23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 26th February, 2015
+ MAC.APP. 986/2013
SURENDER KUMAR & ANR ..... Appellants
Through: Mr.R.K. Bachchan, Advocate
versus
VIRESH KUMAR & ORS ..... Respondents
Through: Ms. Arpan Wadhawan,
Advocate for Ms. Manjusha
Wadhawa, Advocate for
Respondent no.3 Insurance
Company.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. The appeal is for enhancement of compensation of
Rs.4,20,000/- awarded by the Motor Accident Claims Tribunal
(the Claims Tribunal) in favour of the Appellants for the death
of Akshay Kankarwal who died in a motor vehicular accident
which occurred on 18.11.2011 at about 7:45 a.m.
2. Upon finding that the accident was caused because of rash and
negligent driving of bus no.DL-1P-B-9690 driven by
Respondent no.1, the Claims Tribunal proceeded to award
compensation on the notional income of Rs.15,000/- per month
although deceased Akshay Kankarwal was only a student of 11th
Standard and aged 16 years at the time of his death.
3. The learned counsel for the Appellants points out that the
compensation should have been awarded on the basis of his
qualification and some addition towards future prospects ought
to have been made.
4. On the other hand, the learned counsel for Respondent no.3
Insurance Company urges that the Claims Tribunal noticed that
there was nothing outstanding in the deceased's academic
record to indicate that the deceased had good future prospects.
5. It goes without saying that the deceased was a matriculate and
was a young boy. He belonged to the lower strata of the society
and would have started earning in a year or two. In view of
this, the minimum wages of a matriculate ought to have been
taken to compute the loss of dependency. As far as future
prospects are concerned, in the absence of any evidence that the
deceased was outstanding in his academic performance,
addition of future prospects was not permissible. On making a
deduction of 50% towards personal and living expenses in view
of Sarla Verma (Smt.) & Ors. v. Delhi Transport Corporation &
Anr., (2009) 6 SCC 121, the loss of dependency will come to
Rs.7,78,752/-(Rs.8,112/- x 12 ÷ 2 x 16)
6. In addition, in view of the judgment in Rajesh & Ors. v. Rajbir
Singh & Ors., (2013) 9 SCC 54, I further award 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.
7. The overall compensation therefore, comes to Rs.9,13,752/-.
8. The compensation is thus, enhanced by Rs.4,93,752/- which
shall carry interest @ 7.5% per annum from the date of filing of
the claim petition till its payment.
9. Respondent no.3 National Insurance Company Ltd. is directed
to deposit the enhanced compensation with the Claims Tribunal
within six weeks, failing which the Appellants shall be entitled
to interest @ 12% per annum from the date of this judgment.
10. 50% of the enhanced compensation shall be held in Fixed
Deposit for two and four years respectively in equal proportion;
rest shall be released on deposit.
11. The appeal is allowed in above terms.
12. Pending applications stand disposed of.
(G.P. MITTAL)
JUDGE
FEBRUARY 26, 2015
pst
