Delhi High Court
Uttar Pradesh State Road ... vs Hadeesun Nisha & Ors on 2 November, 2017
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 02nd November, 2017
+ MAC.APP. 1061/2013
UTTAR PRADESH STATE ROAD TRANSPORT
CORPORATION ..... Appellant
Through: Ms. Garima Prasad, Advocate
versus
HADEESUN NISHA & ORS ..... Respondents
Through :Mr. Peeush Sharma, Mr. Shaurya
Mitra Tomar and Mr. Kartikey
Nayyar, Advocates for the review
petitioner
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
CM No.37184/2016 (Exemption)
1. Allowed subject to just exceptions.
CM No.37183/2016 (condonation of delay)
2. For the reasons given in the application, the delay in filing the
review petition is condoned and the application is allowed.
Review Petition 458/2016
3. By judgment dated 04.04.2016 on MACA 1061/2013 of Uttar
Pradesh State Road Transport Corporation (UPSRTC), the judgment
of the tribunal dated 01.10.2013 in the accident claim case (MACT
114/2011) instituted by the applicants herein (first to fifth respondents
in appeal) was modified and the amount of compensation due to the
death of Babban Ahmad (deceased) in the motor vehicular accident
which was subject matter of such proceedings was reduced from
Rs.20,13,000/- to Rs.11,80,000/-, one of the prime reason for such
reduction being the re-calculation of loss of dependency on the basis
of minimum wages of Rs.6,448/- p.m. payable to a skilled worker as
was notionally assumed to be the income of the deceased. This court
at that stage had declined to grant any benefit of the future prospects
of increase in income.
4. The claimants moved SLP(C) 23288/2016 which was dismissed
as withdrawn by the Supreme Court by order dated 16.08.2016 with
liberty granted to the claimants to approach this court by way of
review petition on the basis that the deceased has not been found to be
self-employed.
5. The Constitution Bench of the Supreme Court by its judgment
dated 31.10.2017 in SLP (C) 25590/2014, National Insurance
Company Ltd. Vs. Pranay Sethi and Ors, has, in the meanwhile, ruled
that such element of future prospects of increase in income deserves to
be granted even in case where the deceased was self-employed or on a
fixed salary, the cap for such element being fixed at 40% in cases
where the age of the deceased was below the age of 40 years.
6. In these circumstances, the review petition deserves to be
allowed. The loss of dependency with the element of future prospects
of increase to the extent of 40% is re-calculated as [Rs.6,448/- x
140/100 x 3 / 4 x 12 x 16] Rs.12,99,916.80, rounded off to
Rs.13,00,000/-.
7. In these circumstances, the amount of compensation in the case
at hand is to be increased by [Rs.13,00,000/- (-) Rs.9,30,000/-]
Rs.3,70,000/- (Rupees Three Lakh and seventy thousand only).
8. Thus, the total compensation is increased to [Rs.11,80,000/- +
Rs.3,70,000/-] Rs.15,50,000/- (Rupees Fifteen Lakh and Fifty
thousand only).
9. Following the view taken in the judgment dated 04.04.2016, it
is directed that the entire enhanced portion of the award with
corresponding interest shall fall to the share of the widow (first
applicant in the review petition).
10. The appellant UPSRTC shall be obliged to deposit the requisite
amount with the tribunal in terms of this modification within 30 days
making it available to be released to the claimants.
11. The review petition is disposed of in above terms.
R.K.GAUBA, J.
NOVEMBER 02, 2017
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