Delhi High Court
Neeru Dua & Ors. vs Somvir @ Sombeer & Ors. on 16 November, 2017
$~R-505
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 16th November, 2017
+ MAC APPEAL No. 534/2012
NEERU DUA & ORS. ..... Appellants
Through: Mr. S.N. Parashar, Adv.
versus
SOMVIR @ SOMBEER & ORS. ..... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. Atul Dua, 40 year old, earning his livelihood from business
(grocery shop), died due to injuries suffered in motor vehicular
accident that occurred on 14.01.2010, due to negligent driving of
motor vehicle described as Tata Safari bearing registration no. HR 12
K 7835, insured against third party risk with the second respondent.
On the accident claim case (suit no. 117/2010), instituted by his wife
and three other members of the family dependant on him (now the
appellants), the tribunal held inquiry and, by judgment dated
22.12.2011, awarded compensation in the total sum of Rs. 16,10,000/-
directing the insurer to pay with interest @ 7.5% per annum
calculating it thus:-
S.No. Heads Compensation
1. Loss of financial dependency Rs. 15,75,000/-
2. Loss of love & affection Rs. 10,000/-
3. Loss of consortium Rs. 10,000/-
4. Funeral expenses Rs. 5,000/-
5. Loss to estate Rs. 10,000/-
Total Rs. 16,10,000/-
2. The loss of dependency was calculated with the multiplier of 15
on the basis of finding that the deceased was 40 year old and
deduction being made to the extent of 1/4th towards personal & living
expenses against income taken as Rs. 1,40,000/- per annum.
3. The appeal at hand is pressed to point out that the loss of
dependency was wrongly calculated as income-tax return (ITR) for
assessment year 2009-2010 (Ex.PW-2/2) declared the total income to
be Rs. 2,09,600/-.
4. It appears the tribunal has not properly construed the said ITR
as it went by the net income drawn after permissible deductions. The
error will have to be corrected now. It may also be added that given
the ruling of a 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 of increase
in income to the extent of 25% deserves to be added.
5. Thus, the loss of dependency is recomputed as (2,09,600 x 125
÷ 100 x 3 ÷ 4 x 15) Rs. 29,47,500/-, rounded off to Rs. 29,48,000/-.
6. In view of the dispensation in Pranay Sethi (supra), award
under non-pecuniary heads also needs to be suitably corrected.
Therefore, Rs. 15,000/- each towards loss to estate and funeral
expenses and Rs.40,000/- for loss of consortium are added. Thus, the
total compensation in the case comes to (29,48,000 + 40,000 + 15,000
+ 15,000) Rs. 30,18,000/- (Rupees Thirty Lakhs Eighteen 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 per cent) 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. Having regard to the apportionment made by the tribunal, it is
directed that the entire enhanced portion of the award with
corresponding effect of increase in the rate of interest shall fall to the
share exclusively of first claimant Neeru Dua (widow), it to be
released to her in the form of interest bearing fixed deposit receipt
taken out in her name from a nationalized bank for a period of ten
years with right to draw periodic interest.
9. The insurance company is directed to satisfy the enhanced
award by requisite deposit with the tribunal within thirty days, making
it available to be released to the claimants.
10. The appeal is disposed of in above terms.
R.K.GAUBA, J.
NOVEMBER 16, 2017/nk
