Delhi High Court
Ganeshi Lal vs Abdul Mazid on 22 March, 2016
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 22nd March, 2016
+ MAC.APP. 326/2012 & CM APPL. 5504/2012, 5505/2012,
5508/2012
GANESHI LAL ..... Appellant
Through: Ms. Aruna Mehta, Adv.
versus
ABDUL MAZID ..... Respondent
Through: Mr. A. K. Soni, Adv. for R-3.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT
R.K.GAUBA, J (ORAL):
1. Raj Kumar, son of appellant (claimant) died in a motor vehicular
accident that occurred at about 09:15 PM on 05.09.2007 involving bus
bearing registration no.DL-1PB-4563 (the offending bus) admittedly insured
against third party risk with the third respondent (the insurer) for the period
in question.
2. The claim petition was brought before the motor accident claims
tribunal (the tribunal) under Section 163-A of Motor Vehicles Act, 1988
(MV Act) which was registered as suit no.798/2009. By order dated
12.07.2010, however, the said claim case was converted into one under
Section 166 of the MV Act. In the claim case, besides the insurer, the driver
and the owner of the offending vehicle were impleaded as the respondents.
3. The tribunal held inquiry and, by judgment dated 03.03.2011,
awarded compensation in the sum of `3,75,000/- with interest from the date
of filing of the petition (04.10.2007) till realization.
4. The claimants have come up in appeal submitting that age of the
deceased was wrongly taken as 16 on the basis of deficient material. It is
submitted that later the appellants had been able to trace out the birth
certificate showing that the deceased was born on 05.10.1989 and, therefore,
he was one month less than 18 years on the date of death. The birth
certificate has been submitted with application (CM no.5504/2012) moved
alongwith application for amendment (CM no.5505/2012 and an application
for condonation of delay (CM no.5508/2012). Having regard to the
submission made, the applications are allowed and the birth certificate is
allowed to be taken on record for consideration.
5. The tribunal assessed the compensation assuming that the deceased,
being a minor, would be a non-earning hand. Though some evidence was
adduced to show that the deceased was gainfully employed, he having
acquired skills in repair and weaving of folding cots and chairs, the tribunal
was not inclined to accept the same. In the considered view of this court, the
situation would not change even with the proof that the deceased was 17
years 11 months old at the time of death. He was a minor and, thus, the
approach of the tribunal in above regard cannot be questioned.
6. In above view, the learned counsel for appellant fairly conceded that
the dependency loss is well taken care of by the award of `3,75,000/-
granted by the tribunal but submitted that the tribunal has failed to award
non-pecuniary damages which need to be considered by this court. She also
submitted that rate of interest at the rate of seven & half percent (7.5%) is
deficient.
7. Following the view taken in Rajesh & Ors. v. Rajbir Singh & Ors.,
(2013) 9 SCC 54 and Shashikala V. Gangalakshmamma (2015) 9 SCC 150,
the award of `1,00,000/- on account of loss of love & affection and
`25,000/- each towards loss of estate and funeral expenses are added. This
means the compensation stands increased by ` 150,000/-. Following the
consistent view taken by this court, the rate of interest is increased to nine
percent (9%) from the date of filing of the petition till realization.
8. Having regard to the apportionment made by the tribunal, it is
directed that entire enhanced portion of the compensation including on
account of increase in the rate of interest shall be payable to the second
appellant (mother), it being put in FDR in her name in a nationalized bank
for a period of seven years with liberty to draw monthly interest.
9. The insurance company shall deposit the amount payable on account
of enhancement with the tribunal within 30 days of this order whereupon it
shall be released as per above directions.
10. The appeal is disposed of in above terms.
R.K. GAUBA
(JUDGE)
MARCH 22, 2016
ssc
