Delhi High Court
Shri Bir Singh & Ors. vs Sarwan Singh & Ors. on 22 March, 2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: March 22, 2017
+ MAC.APP. 37/2009
SHRI BIR SINGH & ORS .....Appellants
Through: Mr. S.N. Prashar, Advocate
Versus
SARWAN SINGH & ORS. .....Respondents
Through: Mr. A.K.Soni, Advocate, Advocate
for respondent No.3
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
% ORAL
1. In this appeal, enhancement of compensation is sought by
appellants-claimants. Vide impugned Award of 24th August, 2006, Motor
Accident Claims Tribunal (hereinafter referred to as 'Tribunal') has
awarded compensation of `8,72,372/- with interest @ 12% p.a. on
account of death of Assistant Sub-Inspector of Delhi Police, aged 46
years. The facts already noted in impugned Award need no reproduction
as addition of Provident Fund contribution in the income of deceased and
grant of compensation under the head 'loss of consortium is sought in this
appeal.
2. Learned counsel for appellants-claimants submits that provident
fund contribution has been wrongly deducted by learned Tribunal while
assessing loss of income of deceased and funeral expenses granted are on
the lower side, and that no compensation under the head 'loss of
consortium' has been granted and so, compensation granted 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. Nothing else is urged by
either side.
3. Upon hearing and on perusal of the Award and evidence on record,
I find that deduction of `3,500/- p.m. towards provident fund contribution
by learned Tribunal is unjustified. The carry home salary of deceased
was `4,887/- and upon adding provident fund contribution in the monthly
salary of deceased and after further adding 30% towards future prospects,
the monthly income of deceased comes to `10,903/- p.m. After
deduction of 1/3 towards personal expenses, the loss of dependency is
reassessed as under:-
`7,269 X 12 X 13 = `11,33,964/-
4. In an accident pertaining to the year 2003, Supreme Court in
Sandhya Rani Debbarma & Ors. v. The National Insurance Company
Ltd. & Anr., 2016 SCC Online SC 945 has granted funeral expenses of
`25,000/- and compensation of `1,00,000/- has been granted under the
head of 'loss of consortium'.
5. Accordingly, the impugned Award is modified by increasing
'funeral expenses' from `10,000/- to `25,000/- Learned Tribunal has not
awarded any compensation under the head of 'loss of consortium' to
appellants-Claimants. In light of Supreme Court's decision in Sandhya
Rani (Supra), appellants-Claimants are granted compensation of
`1,00,000/- under the head of 'loss of consortium'.
6. The reassessed compensation payable to appellants-Claimants is as
under: -
Loss of dependency `11,33,964/-
Loss of love and affection `1,00,000/-
Loss of consortium `1,00,000/-
Funeral expenses `25,000/-
Total compensation `13,58,964 /-
7. In the light of aforesaid, the compensation granted to appellants-
Claimants is enhanced from `8,72,372/- to `13,58,964 /-. Respondent-
Insurer is granted eight weeks' time to deposit the enhanced
compensation of `4,86,592 /- along with upto date interest @ 9% per
annum from the date of filing of the claim petition till the date of deposit
with learned Tribunal, who shall transmit it in equal proportion into to the
bank accounts of appellants-Claimants (upon their furnishing bank
account details ) as it is now informed by appellants' counsel that
appellants No.2 & 3 are of major age.
8. The appeal stands accordingly disposed of while modifying
impugned Award in aforesaid terms.
(SUNIL GAUR)
JUDGE
MARCH 22, 2017
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