Delhi High Court
Ganga Basi & Anr vs Ram Chet Singh & Ors (United India ... on 23 August, 2017
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 23rd August, 2017
+ MAC.APP. 335/2017 and CM APPL.15885/2017
GANGA BASI & ANR ..... Appellants
Through: Mr. Rahul Rohtagi, Advocate
versus
RAM CHET SINGH & ORS (UNITED INDIA INSURANCE
CO LTD) ..... Respondents
Through: Mr. Priyadarsi Acharya,
Advocate for Mr. K.L.
Nandwani, Advocate for R-3.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. Yogesh, aged 26 years, a bachelor, suffered injuries in a motor
vehicular accident that occurred on 31.12.2014 and died in the
consequence, the accident involving negligent driving of truck bearing
registration No.HR-38-H-6291, admittedly insured against third party
risk with the third respondent (insurer).
2. On the claim proceedings arising out of the Detailed Accident
Report (DAR), submitted by the local police pursuant to the
investigation into the corresponding FIR No.1/2015 of Police Station
Okhla Industrial Area, the Motor Accident Claims Tribunal (the
tribunal), by judgment dated 18.03.2016, awarded compensation in the
total sum of Rs.6,78,982/-, it inclusive of Rs.5,03,982/- towards loss
of dependency, Rs.1 lakh towards loss of love and affection,
Rs.50,000/- towards loss of estate and Rs.25,000/- towards funeral
expenses. The insurance company has been directed to bear the said
responsibility with interest @ nine per cent (9%) per annum.
3. The claimants are in appeal seeking enhancement of
compensation. At the hearing, it is pointed out that the tribunal had
taken the income of the deceased at Rs.9,333/- per month, which is
less than the minimum wages payable to a matriculate at the relevant
point of time. It is submitted that though this was the contention urged
by the claimants, the tribunal was duty bound to award just
compensation which cannot be based on considerations in breach of
the law. The claimants contention that the minimum wages at
Rs.10,478/- as payable to a matriculate at the relevant point of time be
treated as the bench mark must be accepted.
4. The claimants further pointed out that though the claim for
compensation was also on behalf of the mother (the second appellant),
the multiplier has been chosen on the basis of higher age of the father
(first appellant) without any justification. It is noted that, in the course
of his testimony, the first appellant, appearing as PW-1, had stated that
the age of the mother of the deceased at the relevant date was 55
years. His testimony to such effect remained unimpeached. In these
circumstances, the loss of dependency had to be worked out with the
multiplier of 11. Thus, the loss of dependency is re-computed as
(10,478/- ÷ 2 x 12 x 11) Rs.6,91,548/- rounded off to Rs.6,92,000/-
(Rupees six lacs ninety two thousand only).
5. It is noted that the award under the heads of loss of love and
affection and funeral expenses is deficient. Following the view in
MAC.APP.No.160/2015, titled Shriram General Insurance Co Ltd v.
Usha decided by this court on 05.05.2016, having regard to the date of
accident, the awards under the said heads are increased to
Rs.1,50,000/- towards loss of love & affection and Rs.50,000/-
towards funeral expense. Adding the award granted by the tribunal on
account of loss to estate, the total compensation comes to
(Rs.6,92,000/- + 1,50,000/- + 50,000/- + 50,000/-) Rs.9,42,000/-.
(Rupees Nine Lakhs Forty Two Thousand Only).
6. The award is enhanced accordingly. It shall carry interest as
levied by the tribunal.
7. It is directed that the entire enhanced portion of the award with
corresponding interest shall fall to the share of the second appellant
(mother) alone. It to be released in her favour in the form of interest
bearing fixed deposit receipt to be taken out from a nationalized bank
in her name for a period of seven years with right to draw monthly
interest.
8. The insurer is directed to satisfy the award by requisite deposit
with the tribunal within thirty days.
9. The appeal along with accompanying application is allowed in
above terms.
10. Dasti.
R.K.GAUBA, J.
AUGUST 23, 2017/vk
