Delhi High Court
Uttrakhand Transport Corp. vs Pooja & Ors on 14 November, 2017
$~R-474 & 475
IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 14th November, 2017
+ MAC.APP. 320/2012
UTTRAKHAND TRANSPORT CORP. ..... Appellant
Through: Ms. Garima Prashad, Adv.
versus
POOJA & ORS ..... Respondents
Through: None.
+ MAC.APP. 939/2017
POOJA & ORS ..... Appellants
Through: None.
versus
UTTRAKHAND TRANSPORT CORP. ..... Respondents
Through: Ms. Garima Prashad, Adv.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. Poonam Chand, aged 26 years 7 months, earning his livelihood
as a cobbler was riding on the pillion of motorcycle bearing
registration no. DL 7S-AS-0695 (the motorcycle) with Chander
Prakash (PW-2) on 07.08.2010 when it came to be involved in an
accident with bus bearing registration no. UA 07J 0762 of Uttrakhand
Transport Corporation, and suffered injuries. As a result of injuries
suffered, Poonam Chand died. His wife and five other members of the
family dependent upon him, they being appellants in MAC Appeal
No. 939/2017, also first to sixth respondents in MAC Appeal no.
320/2012 instituted accident claim case (MACT 316/10) on
13.10.2010. The Tribunal held inquiry and, by judgment dated
15.11.2011, held that the accident had occurred due to negligent
driving of the bus. It awarded compensation in the total sum of Rs.
12,51,301/-, fastening the liability, inter alia, on the appellant
Uttrakhand Transport Corporation with interest @ 7.5% per annum,
the said amount inclusive of Rs. 12,11,301/- towards loss of
dependency and Rs. 10,000/- each towards loss of love & affection,
loss of consortium, loss to estate and funeral expenses.
2. The appeal of Uttrakhand Transport Corporation is pressed only
on the issue of calculation of loss of dependency, the contention being
that the Tribunal fell into error by adding the element of future
prospects of increase to the extent of 50% against income notionally
assessed with the help of minimum wages (Rs.5,278/-) of an unskilled
worker. Per contra, the appeal of the claimants sought compensation
to be enhanced primarily on the ground that the income of Rs.
10,000/-, should be accepted and that the non-pecuniary damages
awarded are inadequate.
3. Both appeals were put in the list of 'regulars' to come up on
their own turn. When they are taken up, there is no appearance on
behalf of the claimants.
4. The learned counsel for the Uttrakhand Transport Corporation
has been heard and the record has been perused with her assistance.
5. There is no evidence led by the claimants from which the
pleadings about the income of the deceased being in the range of Rs.
10,000/- per month could be accepted. It was, however, proved that
he was earning his livelihood as a cobbler. In these circumstances, the
minimum wages of semi-skilled worker (Rs. 5850) should have been
adopted as the benchmark. 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., the element of future prospects to the extent of 40% only can be
added. Computed thus, after making deduction of 1/4 th towards
personal & living expenses, and applying the multiplier of 17, the loss
of dependency is worked out as (5850 x 140 ÷100 x 3 ÷4 x 12 x 17)
Rs. 12,53,070/-, rounded off to Rs. 12,54,000/-.
6. The non-pecuniary damages awarded by the tribunal will also
have to be brought in sync with dispensation in Pranay Sethi (supra).
Thus, instead of the awards made by the tribunal, damages in the
amounts of Rs. 15,000/- each towards loss of estate and funeral
expenses and Rs. 40,000/- towards loss of consortium are added. The
total compensation is computed as (12,54,000 + 15,000 + 15,000 +
40,000) Rs. 13,24,000/- (Rupees Thirteen Lakhs Twenty Four
Thousand Only). The award is modified accordingly.
7. Following the consistent view taken by this Court, the rate of
interest is increased to 9% (nine percent) 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.].
8. By order dated 26.03.2012 in MAC Appeal No. 320/2012
Uttrakhand Transport Corporation has been directed to deposit the
entire awarded amount with the Registrar General. By subsequent
order dated 01.10.2012, 50% was permitted to be released to the
claimants. The balance shall also now be released to the claimants.
Uttrakhand Transport Corporation shall be obliged to deposit the
remainder of its liability under the modified award with the tribunal
within thirty days. The entire enhanced portion with effect of increase
in corresponding interest shall fall to the share of first claimant (Pooja)
for it to be released to her in the form of interest bearing fixed deposit
account initially for a period of five years with right to draw periodic
interest.
9. The statutory amount shall be refunded.
10. Both appeals are disposed of in above terms.
R.K.GAUBA, J.
NOVEMBER 14, 2017
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