Delhi High Court
Renu Khanna & Ors vs Joginder Pal Madan & Ors (Hdfc Ergo ... on 7 December, 2017
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 07th December, 2017
+ MAC.APP. 184/2016
RENU KHANNA & ORS ..... Appellants
Through: Mr. Shekhar Aggarwal, Mr. Suresh
Kumar and Mr. Rahul Mohod,
Advocates
versus
JOGINDER PAL MADAN & ORS
(HDFC ERGO GENERAL INSURANCE CO LTD)..... Respondents
Through: Mr. Sameer Nandwani and Mr.
Pankaj Singh Thakur, Advocates for
respondent No.3
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the award of Claims Tribunal whereby
compensation of Rs. 25,75,000/- has been awarded to the appellant Nos. 1 to
3.
2. The accident dated 20th November, 2013 resulted in the death of
Rajesh Khanna. The deceased was aged 49 years at the time of accident and
was survived by his mother, widow, daughter and son, who filed the
application for compensation before the Claims Tribunal. The deceased was
an accountant with E2 Solutions earning Rs.2,88,000/- per annum. The
deceased was also working as a part-time accountant with M/s R.N. Traders
earning a Rs.8,000/- per month.
3. The claimants examined Ms. Meghna Deshwal, Assistant Manager
(HR) of E2 Solutions, who proved the appointment letter of deceased as Ex.
PW1/B, salary record as Ex. PW1/C and salary register and employee
register for the month of November, 2013 as Ex.PW1/D & Ex.PW1/E
respectively. Sh. Naresh Kumar, Proprietor of M/s.R.N. Traders, was
examined as PW3, who has relied upon ITR for the year 2014-2015 as
Ex.PW3/A and Certificate dated 10th December, 2013 which is the part of
the DAR as Ex. PW2/D.
4. The Claims Tribunal took income of the deceased as Rs.20,000/-,
deducted 1/4th towards his personal expenses and applied the multiplier of 13
according to the age of the deceased to compute the loss of dependency as
Rs.23,40,000/-. 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. The total
compensation awarded is Rs.25,75,000/- along with interest @ 12 % per
annum from the date of filing of petition.
5. Learned counsel for the appellant urged at the time of the hearing that
the income of the deceased be taken as Rs.32,000/- per month and 30%
future prospects should be taken into consideration for computing the
compensation. Learned counsel for the appellant seeks reimbursement of
medical expenses of the deceased and enhancement under the head of loss of
estate.
6. Learned counsel for respondent No.3 urged at the time of hearing that
the compensation awarded under the heads of loss of love and affection and
loss of consortium is on a higher side. It is further submitted that the Claims
Tribunal has not deducted the Income Tax from the income of the deceased.
It is further submitted that the rate of interest be reduced from 12% per
annum to 9% per annum.
7. This Court is of the view that the occupational income of the deceased
have been proved duly by the appellants. The deceased was working as an
accountant with E2 Solutions earning Rs.2,88,000/- per annum. The
appellants have also proved that the deceased was working as a part-time
accountant with M/s R.L. Traders earning Rs.8,000/- per month. As such,
the annual income of the deceased from both the sources was Rs.3,84,000/-
(Rs.2,88,000 + Rs.96,000). The Income Tax payable on the aforesaid
income as per the computation done by the Senior Standing Counsel of
Income Tax Department is Rs.18,190/-. Deducting Rs.18,190/- from
Rs.3,84,000/-, the annual income of the deceased is taken as Rs.3,65,810/-
(Rs.30,484/- per month).
8. The deceased was aged 49 years at the time of the accident and 30% is
added towards the future prospects according to the principles laid down by
the Supreme Court in National Insurance Company Limited v. Pranay
Sethi, 2017 SCC OnLine SC 1270. The deceased has left behind his widow,
one daughter, one son and mother and, therefore, 1/4th is deducted towards
personal expenses. Taking the income of the deceased as Rs.30,484/-,
adding 30% towards future prospects, deducting 1/4th towards his personal
expenses and applying the multiplier of 13, the loss of dependency is
computed as Rs.49,50,895.84 (Rs.46,36,302.84 + Rs.1,39,593 + Rs.1,00,000
+ Rs.40,000 + Rs.10,000 + Rs.25,000).
9. The appellants have incurred Rs.1,39,593/- on the treatment of the
deceased after the accident. Copy of the bill has been placed on record as
Annexure P-9 at page 53. Rs.1,39,593/- is awarded to the appellants
towards the medical expenses.
10. The compensation awarded under the head of loss of love and
affection is fair and reasonable. However, the compensation awarded under
the head of loss of consortium is reduced from Rs.1 lakh to Rs.40,000/-,
Rs.10,000/- is awarded towards loss of estate and Rs.25,000/- towards
funeral expenses. The total amount of compensation comes to
Rs.49,50,895.84.
11. The Claims Tribunal has awarded interest @12% per annum, which is
on a higher side and is, therefore, reduced to 9% per annum.
12. The appeal is allowed and the award amount is enhanced from
Rs.25,75,000/- to Rs.49,50,895.84 along with interest @ 9% per annum
from the date of filing of the claim petition.
13. Respondent No.3 is directed to deposit the enhanced award amount to
the Registrar General of this Court within four weeks.
14. List for disbursement on 30th January, 2018.
15. The appellants shall remain present in Court on the next date of
hearing along with copies of their savings bank account near the place of
their residence, PAN Card as well as Aadhaar Card.
16. The concerned banks are directed not to issue any cheque book or
debit card to the appellants and if the same have already been issued, the
concerned banks are directed to cancel the same and make an endorsement
on the passbook that no cheque book or debit card shall be issued to the
appellants without the permission of this Court. The appellants shall produce
the copy of this order before the concerned banks whereupon the banks shall
make an endorsement on the passbooks. The appellants shall produce the
original passbooks with the necessary endorsement on the next date of
hearing.
17. Copy of this judgement be given dasti to counsels for the parties
under signatures of the Court Master.
DECEMBER 07, 2017 J.R. MIDHA, J.
rsk
