Rekha & Ors vs Abbas Khan & Ors (United India ...
2016 Latest Caselaw 6372 Del

$~20
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
%                               Date of Decision: 04th October, 2016

+     MAC.APP. 672/2015

      REKHA & ORS                                   ..... Appellants
                              Through:   Mr. Navneet Goyal, Adv.

                     versus

      ABBAS KHAN & ORS
      (UNITED INDIA INSURANCE CO LTD) ..... Respondents
                     Through: Mr. Pankaj Seth, Adv. for
                              respondent no.3.

      CORAM:
      HON'BLE MR. JUSTICE J.R. MIDHA

                              JUDGMENT (ORAL)

1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.16,21,000/- has been awarded to the appellants.

2. The accident dated 2nd February, 2015 resulted in the death of Dhani Lal. The deceased was aged 42 years at the time of the accident and was survived by his widow and four minor children who filed the claim petition before the Claims Tribunal. The deceased was working as a driver with Metro Feeder Bus Service earning Rs.11,000/- per month. The Claims Tribunal deducted 1/4th towards his personal expenses and applied the multiplier of 14 to award loss of dependency of Rs.13,86,000/-. The Claims Tribunal awarded Rs.1,00,000/-

towards loss of love and affection, Rs.1,00,000/- towards loss of consortium, Rs.10,000/- towards loss of estate and Rs.25,000/- towards funeral expenses. Total compensation awarded is Rs.16,21,000/-.

3. Learned counsel for the appellant urged at the time of the hearing of the appeal that the future prospects have not been taken into consideration by the Claims Tribunal.

4. There is merit in the contention urged by learned counsel for the appellant. The deceased was aged 42 years at the time of the accident and therefore, 30% is awarded towards the future prospects. Taking the income of the deceased as Rs.11,000/-, adding 30% towards future prospects, deducting 1/4th towards his personal expenses and apply the multiplier of 14, the loss of dependency is computed as Rs.18,01,800/-.

5. The appeal is allowed and the compensation awarded to the appellants is enhanced from Rs.13,86,000/- to Rs.20,36,800/- along with interest @ 9% per annum from date of filing of petition till realisation.

6. The enhanced award amount be deposited by respondent no.3 with UCO Bank, Delhi High Court Branch by means of a cheque drawn in the name of UCO Bank A/c Rekha.

7. The order of disbursement shall be passed after examining the appellants who shall remain present in Court on the next date of hearing.

8. List for directions on 6th December, 2016.

9. Copy of this judgment be given dasti to counsel for the parties under the signature of the Court Master.

J.R. MIDHA, J.

OCTOBER 04, 2016 dk