Delhi High Court
Meenakshi Asija & Anr. vs Dharamjit & Ors.(The Royal ... on 22 March, 2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: March 22, 2017
+ MAC.APP. 890/2016
MEENAKSHI ASIJA & ANR. .....Appellants
Through: Ms. Neha Jain and Mr. Ankit
Sharma, Advocates
Versus
DHARAMJIT & ORS (THR ROYAL SUNDRAM ALLIANCE
INSURANCE COMPANY LIMITED) .....Respondents
Through: Mr. Pankaj Gupta, Advocate for
Ms. Suman Bagga, Advocate for
respondent-Insurer
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
% ORAL
1. Vide impugned Award of 13th May, 2016, Motor Accident Claims
Tribunal, West District, Tis Hazari Courts, Delhi (hereinafter referred to
as „Tribunal‟) has granted compensation of `16,46,488/- with interest @
9% per annum to appellants-Claimants on account of death of Dinesh
Asjia, aged 33 years, a proprietor of Blazeflash Courier Limited Franchise
in a road accident on 30th November, 2013.
2. In this appeal, enhancement of compensation is sought by
appellants-Claimants. The facts as noticed in impugned Award need no
reproduction. Suffice to note that apart from evidence of widow of
deceased, there is evidence of eye-witness-Baljeet Singh (PW-2). On
behalf of respondent-Insurer, Prashant Pratap Singh (R3W1) has
deposed regarding insurance policy in question. On the strength of
evidence on record, impugned Award has been rendered.
3. As per order of 23rd January, 2017, service is complete.
4. To seek enhancement of compensation, it is submitted by learned
counsel for appellants-Claimants that the Income Certificate (Ex.PW1/10)
remains unchallenged but it has not been considered by learned Tribunal,
who has erroneously assessed the income of deceased on minimum wages
payable to a matriculate. So, it is submitted by appellants' counsel that
the income of deceased ought to be reassessed in light of the Income
Certificate (Ex.PW1/10) and the compensation granted ought to be
suitably enhanced.
5. On the contrary, 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.
6. Upon hearing and on perusal of impugned Award and the evidence
on record, this Court finds that deceased was a proprietor of Courier
Franchise and as per his income certificate of 8 th February, 2014 (Ex.
PW1/10), he was earning `15,000/- to `20,000/- p.m.. In the considered
opinion of this Court, the income certificate of 8 th February, 2014 (Ex.
PW1/10) has been issued after his death and so, learned trial court has
rightly discarded it and has chosen to assess the income of deceased on
minimum wages as payable to a matriculate.
7. The compensation granted under the non-pecuniary heads is
certainly on the lower side. Supreme Court in Asha Verman & ors. Vs.
Maharaj Singh & ors. (2015) 11 SCC 389 has granted compensation of
`1,00,000/- under the head of "loss of estate" and under the head of
"loss of love and affection", `1,00,000/- each to minor children and
`50,000/- each to parents has been granted. While relying upon Supreme
Court's decision in Asha Verman (supra), compensation awarded under
the head of "loss of estate" is enhanced from `10,000/- to `1,00,000/-
and under the head "loss of love and affection" it is enhanced from
`1,00,000/- to `2,00,000/-.
8. The reassessed compensation payable to respondents-Claimants is
as under: -
Loss of dependency `14,11,488/-
Loss of love and affection to minor child `1,00,000/-
Loss of love and affection to parents `1,00,000/-
(`50,000/- to each parent)
Funeral expenses `25,000/-
Loss of estate `1,00,000/-
Loss of consortium `1,00,000/-
Total compensation `18,36,488/-
9. In the light of aforesaid, the compensation granted to appellants-
Claimants is enhanced from `16,46,488/- to `18,36,488/-. Respondent-
Insurer is granted eight weeks' time to deposit the enhanced
compensation of `1,90,000/- along with uptodate interest @ 9% per
annum from the date of filing of the claim petition till the date of deposit
with learned Tribunal. After furnishing bank account details by
appellants-Claimants, learned Tribunal shall transmit enhanced
compensation into the bank accounts of appellants-Claimants in the same
ratio as indicated in the Award in question. Recovery rights granted to the
Insurer by learned Tribunal against the driver and owner of vehicle in
question shall cover the entire awarded compensation including the
enhanced compensation.
10. The appeal stands accordingly disposed of while modifying
impugned Award in aforesaid terms.
(SUNIL GAUR)
JUDGE
MARCH 22, 2017
s/r
