Delhi High Court
United India Insurance Company ... vs Smt. Shashi Bala & Ors. on 20 January, 2015
Author: G.P. Mittal
$-25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 20th January, 2015
+ MAC.APP. 718/2014
UNITED INDIA INSURANCE COMPANY LTD.
..... Appellant
Through: Mr.Amit Kumar Singh,
Advocate
versus
SMT. SHASHI BALA & ORS. ..... Respondents
Through: Mr. Navneet Goyal, Advocate
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. The appeal is for reduction of compensation of Rs.16,78,734/-
awarded for the death of Parvesh Singh, who suffered fatal
injuries in a motor vehicular accident which occurred on
22.03.2012 at about 4:30 a.m. when deceased Parvesh Singh
along with his son Rajneesh Singh was riding motorcycle
bearing no.DL-13-SH-3686. When they reached Pushta Road,
the motorcycle was hit by a Tavera car bearing no.DL-1YB-
9593 which was being driven by its driver in a rash and
negligent manner.
2. The only ground of challenge raised by the Appellant Insurance
Company is that although the deceased Parvesh Singh's income
as per his salary certificate mark PX produced on record, was
proved on record as Rs.90,446/- per annum, yet the Claims
Tribunal instead of taking the salary into consideration, took the
minimum wages of a graduate as income and added 30%
towards future prospects to compute the loss of dependency.
The learned counsel for the Appellant has taken me through the
deceased's educational qualification certificates. The deceased
had passed Ist and IInd year of B.Sc. Thus, he was not a
graduate. It is borne out from the salary certificate that the
deceased was working with Gayatri Sewa Sansthan, a unit of
Khadi Gramodyog Commission (ISO 9001-2000 Certified
Company). It is also borne out from the record that the
deceased was in permanent employment. Thus, in my view,
although the addition of 30% towards future prospects cannot
be faulted, yet the salary proved on record as per the salary
certificate ought to have been taken into consideration instead
of the minimum wages of a graduate. The salary of deceased
was proved to be Rs.90,446/-. Thus, considering the number of
dependents being six and deducting 1/4th towards personal and
living expenses, adding 30% towards future prospects and
considering that the deceased was aged 44 years and 05 months,
the loss of dependency comes to Rs.12,34,590/-(Rs.90446/- +
30% x 3/4 x 14).
3. The compensation towards loss of love and affection and loss of
consortium at Rs.1,00,000/- each, loss to estate at Rs.10,000/-
and funeral expenses of Rs.25,000/- awarded by the Claims
Tribunal are maintained.
4. The overall compensation thus, comes to Rs.14,69,590/-.
5. The compensation is hence, reduced by Rs.2,09,144/-.
6. Excess amount of Rs.2,09,144/- along with proportionate
interest shall be refunded to the Appellant Insurance Company.
7. The compensation as computed above shall be released/held in
Fixed Deposit in terms of the orders passed by the Claims
Tribunal.
8. The appeal is disposed of accordingly.
9. Pending applications also stand disposed of.
10. Statutory amount of Rs.25,000/-, if any, shall also be refunded
to the Appellant Insurance Company.
(G.P. MITTAL)
JUDGE
JANUARY 20, 2015
pst
