Delhi High Court
Elijaved Minz & Ors. vs Om Parkash & Anr. on 23 January, 2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: January 23, 2017
+ MAC.APP. 532/2008
ELIJAVED MINZ & ORS. ..... Appellants
Through: Mr. S.N. Prashar, Advocate
Versus
OM PARKASH & ANR. ..... Respondents
Through: Mr. D.K. Sharma, Advocate.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
% ORAL
1. Impugned Award of 24th March, 2008 grants compensation of
`14,61,000/- with interest @7.5% after deducting `50,000/- towards
interim relief already granted to appellants. The breakup of
compensation awarded is as under:-
Loss of dependency `13,96,000/-
Loss of Love and affection `50,000/-
Funeral Expenses `5,000/-
Loss of estate `5,000/-
Medical expenses `5,000/-
Total compensation `14,61,000/-
2. The factual background of this case already stands noted in the
impugned Award and so, needs no reproduction. Suffice to note that
Panama Oraon, aged 38 years, a Head Constable in Delhi Police, had died
in a road accident on 30th June, 2005. The deceased has left behind his
parents, wife and an 11 years old daughter. While relying upon the
evidence of wife of the deceased and Sub-Inspector -Reeta (PW-3), who
has proved the service record of the deceased, and other formal witnesses,
impugned Award has been rendered.
3. In this appeal, enhancement of compensation is sought by learned
counsel for appellant by submitting that no compensation towards future
prospects has been granted and compensation awarded under the non-
pecuniary heads is on the lower side and so, it needs to be suitably
enhanced. On the other hand, learned counsel for respondent-insurer
supports the impugned Award and submits that no case for enhancement
of compensation is made out.
4. Upon hearing and on perusal of the impugned Award and evidence
of Sub-Inspector - Reeta ( PW-3 ), I find that in normal course, the
deceased would have attained the rank of Sub-Inspector before retirement
and so, in the light of Supreme Court's decision in Sarla Verma (Smt.)
and Others v. Delhi Transport Corporation and Another, (2009) 6 SCC
121, addition of 50% towards future prospects deserves to be made.
Accordingly, to assess the loss of dependency while taking the income of
deceased as `10,900 p.m. 50% is added towards future prospects. The
age of deceased was 38 years at the time of accident, so multiplier of 16
is to be applied and after deducting 1/3rd towards personal expenses, his
income is assessed as follows:-
`10,900 + `5450 X 16 X 12 X 2/3 = `20,92,800/-.
5. So far as compensation awarded for love and affection and medical
expenses is concerned, I find it to be reasonable but compensation
awarded towards funeral expenses and loss of estate appear to be on the
lower side. So, funeral expenses are enhanced from `5,000/- to `25,000/-
and compensation for loss of estate is enhanced from `5,000/- to
`10,000/-. Thus, the total compensation payable to appellants re-assessed
as under:-
Loss of dependency `20,92,800/-
Loss of Love and affection `50,000/-
Funeral Expenses `25,000/-
Loss of estate `10,000/-
Medical expenses `5,000/-
Total compensation `21,82,800/-
6. The enhanced compensation of `7,21,800/- with interest @7.5%
p.a. from the date of filing of claim petition up to date be deposited by
respondent-insurer with the learned Motor Accident Claims Tribunal
within eight weeks failing which, it will carry interest @ 9 % p.a. till
realization. The deposited amount be directly released into bank accounts
of appellants-claimants in the same manner and ratio as indicated in the
impugned Award. Thereafter, it be converted into fixed deposit for a
period of three years. The interest accrued on the fixed deposit receipts
be deposited in the bank account of appellants-claimants, who shall be at
liberty to seek its premature encashment upon filing an application before
the Motor Accident Claims Tribunal, if so warranted.
7. Impugned Award is accordingly modified and the appeal is
disposed of.
(SUNIL GAUR)
JUDGE
JANUARY 23, 2017
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