Delhi High Court
Sarjit & Anr vs Hanuman Das Chaturvedi & Ors (The ... on 15 December, 2017
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 15th December, 2017
+ MAC.APP. 249/2017
SARJIT & ANR ..... Appellants
Through: Mr. Jatinder Kamra, Adv.
versus
HANUMAN DAS CHATURVEDI & ORS
(THE NEW INDIA ASSURANCE CO LTD) ..... Respondents
Through: Mr. R.K. Tripathi, Adv. for R4.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellants have challenged the award of the Claims Tribunal
whereby compensation of Rs.3,00,000/-have been awarded to them. The
appellants seek enhancement of the compensation amount.
2. The accident dated 06th June, 2013 resulted in the death of Netrapal.
The deceased was aged 21 years at the time of accident and was survived by
his two married brothers. The deceased was a Junior Service Engineer
earning Rs.16,000/- per month. The Claims Tribunal did not award any
compensation towards loss of dependency on the ground that the appellants
were not dependent upon the deceased. The Claims Tribunal awarded
Rs.2,00,000/- towards loss of love and affection, Rs.50,000/- towards loss of
estate and Rs.50,000/- towards funeral expenses. The total compensation
awarded by Claims Tribunal was Rs.3,00,000/-.
3. Learned counsel for the appellants urged at the time of hearing that
the Claims Tribunal has not taken the future prospects of 50 % while
computing the compensation. It is further submitted that the Claims Tribunal
erred in ignoring the judgment of this Court in Keith Rowe v. Prashant
Sagar, II (2010) ACC 64 in which this Court held that the non- dependent
brothers would be entitled to loss of estate of 15% of the income of the
deceased.
4. Learned counsel for respondent submits that compensation awarded
under the head of loss of love and affection is on a higher side.
5. This Court is of the view that the appellants are entitled to the loss of
estate of 15% of the income of the deceased in terms of the principles laid
down by this Court in Keith Rowe v. Prashant Sagar, II (2010) ACC 64.
6. Taking the income of the deceased as Rs.16,000/- per month and 15%
of the annual income as loss of estate and applying the multiplier of 18, the
total loss of estate is computed as Rs.5,18,000/-.
7. The compensation awarded under the head of loss of love and
affection is reduced from Rs.2,00,000/- to Rs.1,00,000/-. The compensation
of Rs.50,000/- towards funeral expenses is reduced to Rs.15,000/-. The
appellant is entitled to a total compensation of Rs.6,33,400/-.
8. The appeal is allowed and the compensation amount is enhanced from
Rs.3,00,000/- to Rs.6,33,400/- along with interest @ 9% per annum.
9. Respondent No.4 is directed to deposit the enhanced compensation
amount with the Registrar General of this Court within four weeks.
10. List for disbursement of the compensation amount on 20 th February,
2018.
11. The appellants shall remain present in Court on the next date of
hearing along with the passbooks of their savings bank accounts near the
place of their residence in a nationalised bank along with PAN card and
Aadhaar card. The concerned bank is directed not to issue any cheque book
and/or debit card to the appellants and if the same has already been issued,
the concerned bank is 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 bank whereupon the bank shall
make an endorsement on the passbooks. The appellants shall produce the
original passbooks with the necessary endorsement on the next date of
hearing.
12. Copy of this Judgement be given dasti to counsels for the parties
under the signature of Court Master.
DECEMBER 15, 2017 J.R. MIDHA, J.
ak
