Delhi High Court
Mohan Singh & Anr. vs Presh Gupta & Anr. on 29 November, 2017
$~R-590
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 29th November, 2017
+ MAC APPEAL 970/2012
MOHAN SINGH & ANR. ..... Appellants
Through: Mr. S. N. Parashar, Advocate
versus
PRESH GUPTA & ANR. ..... Respondents
Through: Ms. Neerja Sachdeva, Advocate
for R-2
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. Ravi Kumar, a bachelor, then aged 23 years, suffered injuries in
a motor vehicular accident that took place on 25.05.2008, due to
negligent driving of a motor vehicle bearing registration no.DL-9CC-
4966, which was admittedly insured against third party risk for the
period in question with the second respondent (insurer) and died in the
consequence. From the accident claim case (Suit No.551/2011),
instituted on 28.08.2008, by his parents (the claimants), the tribunal
after inquiry by judgment dated 26.04.2012, awarded compensation in
the total sum of Rs.3,46,680/-, directing the insurer to pay with
interest at the rate of 9% p.a., the said amount having been calculated
thus :-
Loss of dependency Rs.3,16,680/-
Funeral expenses Rs.10,000/-
Loss of estate Rs.10,000/-
Loss of love and affection Rs.10,000/-
TOTAL Rs.3,46,680/-
2. The claimants are in appeal to point out that there is deficiency
in the award as there is no element of future prospects taken into
consideration, multiplier of 13 having been adopted wrongly, as per
the age of the mother and the non-pecuniary heads of damages being
inadequate.
3. The tribunal has noted in para 3 that the deceased was 23 years
old at the time of accident. Indeed, having regard to 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 multiplier of 18 should have been applied.
4. The tribunal assumed the income with the help of minimum
wages of a skilled worker at Rs.4057/- per month. As submitted by
the counsel for the insurer that the assumption was unfounded. In
these circumstances, the calculation will have to be made with the
minimum wages of Rs.3633/- payable to an unskilled worker.
5. The element of future prospects of increase in income to the
extent of 40% is added and the loss of dependency is recomputed as
(3633/- x 140/100 x 1/2 x 12 x 18) Rs.5,49,309.60 rounded off to
Rs.5,50,000/- (Rupees Five lac fifty thousand only).
6. Following the ruling in Pranay Sethi (supra) non-pecuniary
damages awarded by the tribunal are revised. Amounts of Rs.15,000/-
each are added towards loss to estate and funeral expenses. The total
compensation, thus, comes to (5,50,000/- + 15,000/- + 15,000/-)
Rs.5,80,000/- (Rupees Five Lac Eighty Thousand Only). The award
shall carry interest as levied by the tribunal.
7. It is directed that the entire enhanced portion of the award with
corresponding interest will fall to the share of second appellant
Ramwati Devi (mother), it to be released to her in the form of interest
bearing fixed deposit receipt to be taken out from a nationalized bank
for a period of ten years with right to draw periodic interest.
8. The appeal stands disposed of in above terms.
R.K.GAUBA, J.
NOVEMBER 29, 2017
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