Delhi High Court
Ravi Shankar Sharma & Anr. vs Mohd. Shamshad & Ors. on 9 November, 2017
$~R-448
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 09th November, 2017
+ MAC APPEAL 56/2012
RAVI SHANKAR SHARMA & ANR. ..... Appellants
Through: Mr. S.N. Parashar, Advocate
versus
MOHD. SHAMSHAD & ORS. ..... Respondents
Through: Mr. Kanwal Chaudhary, Adv.
for R-3
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. Neha Sharma, aged 24 years, working with M/s. Genius
Consultants Ltd., suffered injuries that proved fatal on account of a
motor vehicular accident that took place on 04.10.2008 due to
negligent driving of truck bearing registration no.HR-58-5123 which
was admittedly insured against third party risk with the third
respondent (insurer).
2. Her parents (now the appellants) instituted accident claim case
(MACA 67/2010) on 10.02.2009 seeking compensation. The said
case was clubbed with another fatal accident claim arising out of the
same accident and decided by a common judgment dated 25.07.2011
of the Motor Accident Claims Tribunal (Tribunal) holding the truck
driver responsible. In the claim of the appellants, compensation in the
sum of Rs.10,39,700/- was awarded, it inclusive of Rs.10,14,663/-
towards loss of dependency, Rs.10,000/- each towards loss of love and
affection and loss to estate and Rs.5,000/- for funeral expenses. The
liability was fastened on the third respondent (insurer) to pay with
interest at the rate of 7.5% p.a.
3. The claimants are in appeal and press it primarily on three
grounds. It is argued that the tribunal failed to take into account the
element of future prospects of increase and applied the multiplier of
13 wrongly going by the age of the mother of the deceased. The last
grievance is that the rate of interest levied is on the lower side.
4. Having heard the learned counsel on both sides and having gone
through the record, this court finds that all the three above noted
contentions must be accepted, the first two following the ruling of the
Constitution Bench of the Supreme Court rendered on 31.10.2017 in
SLP (C) 25590/2014, National Insurance Company Ltd. Vs. Pranay
Sethi and Ors.
5. The last income of the deceased was taken at Rs.1,56,102/- p.a.,
this on the basis of income tax return submitted during her lifetime by
the deceased. Having regard to the date on which the death occurred,
the element of future prospects to the extent of 40% deserves to be
added and the multiplier according to the age of the deceased 18
should be applied.
6. Thus, the loss of dependency is re-computed as [Rs.1,56,102/- x
140/100 /2 x 18] Rs.19,66,885.2, rounded off to Rs.19,67,000/-
(Rupees Nineteen lakh and sixty seven thousand only).
7. It would be just and proper to bring the non-pecuniary awards
also in sync with the ruling in Pranay Sethi (supra). Thus, instead of
the above mentioned awards granted by the tribunal, amount of
Rs.15,000/- each are added towards loss to estate and funeral
expenses. The total compensation in the case comes to
[Rs.19,67,000/- + Rs.15,000/- + Rs.15,000/-] Rs.19,97,000/- (Rupees
Nineteen Lakh and ninety seven thousand only). The award is
modified accordingly.
8. Following the consistent view taken by this Court, the rate of
interest is increased to 9% per annum from the date of filing of the
petition till realization. [see judgment dated 22.02.2016 in MAC.APP.
165/2011 Oriental Insurance Co Ltd v. Sangeeta Devi & Ors.]
9. It is noted that the tribunal had apportioned the award granted
by it equally amongst the parents. It is directed that the entire
enhanced portion of the award with corresponding effect of the rate of
interest shall fall to the share of the second appellant (Usha Sharma /
mother), it to be released to her in the form of interest bearing fixed
deposit receipt taken out from a nationalized bank for a period of
seven years with right to draw periodic interest. The insurer is
directed to satisfy the enhanced award by requisite deposit with the
tribunal within 30 days making it available to be released to the
claimant.
10. The appeal is disposed of in above terms.
R.K.GAUBA, J.
NOVEMBER 09, 2017/yg
