Delhi High Court
Manjula & Anr. vs Arvindra Kumar & Anr. on 31 August, 2017
$~R-154
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 31st August, 2017
+ MAC APPEAL No. 6/2010
MANJULA & ANR. ..... Appellants
Through: None.
versus
ARVINDRA KUMAR & ANR. ..... Respondents
Through: Mr. Pankaj Seth, Adv. for R-3.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. Santosh Kumar, aged 25 years, working as Nursing Attendant in
Safdarjung Hospital, met with an accident on 03.03.2004 due to
negligent driving of tempo bearing registration no. HR 38 C 9947,
admittedly insured against third party risk with the third respondent
(insurer). His wife and other members of the family dependent on
him, now the appellants, instituted accident claim case (suit no.
176/2004) on 02.04.2004, seeking compensation on the principle of
fault liability.
2. The tribunal held inquiry and, by judgment dated 26.11.2008,
upheld the said claim and awarded compensation computed to the sum
of Rs. 9,00,952/- directing the insurer to pay with interest. The
present appeal was filed questioning the said judgment by the
claimants, seeking enhancement.
3. The appeal was put in the category of 'regulars' as per order
dated 13.04.2010, Thereafter, whenever the matter has been taken up
there has been no appearance on behalf of the appellants. Same is the
position today.
4. Having heard the learned counsel for the insurer and having
gone through the record of the tribunal, this Court finds no error in the
impugned judgment insofar as it calculates the loss of dependency.
The tribunal accepted the plea about the income on the basis of salary
slip (Ex.PW-1/C), added the factor of future prospects of increase,
made proper deduction of 1/3rd towards personal & living expenses
and applied the correct multiplier of 18.
5. There is, however, deficiency in the award under the non-
pecuniary heads of damages in that the composite sum of Rs. 25,000/-
for funeral expenses and loss of love & affection only have been
added. Having regard to the date of accident, following the rulings in
Rajesh & Ors. v. Rajbir Singh & Ors., (2013) 9 SCC 54 and
Shashikala V. Gangalakshmamma (2015) 9 SCC 150, awards instead
are made in the sum of Rs. 1 lakh each on account of loss of love &
affection and loss of consortium and Rs. 25,000/- each towards loss of
estate and funeral expenses. This would mean there is net increase in
the award by Rs.2,25,000/- (Rupees Two Lakhs and Twenty Five
Thousand Only). Ordered accordingly. The award shall carry interest
as levied by the tribunal.
6. The insurer is directed to pay the enhanced portion of the award
with corresponding interest by requisite deposit with the tribunal
within thirty days whereupon it shall be released to the first appellant
Manjula Kumari (widow), it being treated as her share only. It shall
be released by the tribunal in the form of interest bearing fixed deposit
receipt in the nationalized bank in her name for a period of seven
years with right to draw monthly interest.
7. The appeal is disposed of in above terms.
R.K.GAUBA, J.
AUGUST 31, 2017
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