Delhi High Court
Oriental Insurance Co. Ltd. vs Vijay Rawat & Ors on 11 October, 2017
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 11th October, 2017
+ MAC.APP. 187/2015
ORIENTAL INSURANCE CO. LTD. ..... Appellant
Through: Mr. A.K. Soni, Advocate.
versus
VIJAY RAWAT & ORS ..... Respondents
Through: Mr. Divij Kumar, Advocate for respondents
No.1 and 2.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
ORDER
1. The appellant has challenged the award dated 16th December, 2014
whereby compensation of Rs.16,50,000/- has been awarded to the parents of
late Anirudh Rawat.
2. The accident dated 24th February, 2008 resulted in the death of
Anirudh Rawat. The deceased was aged 21 years and 5 months at the time of
the accident and was survived by his parents who filed an application
claiming compensation of Rs.98,00,000/-. The averments made by the
claimants in the claim petition with respect to the educational qualifications,
occupation and income of deceased are as under:-
"(vi) That the deceased was a very intelligent and bright student
who did his schooling from Sardar Patel Vidyalaya, Lodhi Estate,
New Delhi-110003. His 10th std. Certificate is annexed as Annexure
III. He was a student of B.A. IIIrd year, Industrial Relations and
Personnel Management and German in Delhi College of Arts and
Commerce (DCAC), Delhi University. That he also intended to do
his M.B.A. Thus, he had registered himself with the I.M.S. Learning
Resources Pvt. Ltd. in Mumbai which is a renowned Institute for
providing coaching for C.A.T. (Combined Admission Test for MBA).
Identity Card of the institute is annexed Annexure IV.
(vii) That he had already completed his two years in the aforesaid
course. That next year he would have graduated from his college.
He was already enrolled in a renowned Institute which provided
coaching for MBA. Thus he being a career oriented person who
would have joined & completed his MBA and earned good salary
package working in good companies in future.
(viii) That throughout his academic career, he had been a
meritorious, hardworking, excellent and all round student. That this
can be seen from the certificate of distinction and excellence
awarded to him at school and college levels. That he was a very
versatile student who was extremely good in theatre, debates and
drama. He had participated in various leadership training
programmes. He had participated in Mountaineering in Himalayan
Environment and Adventure trek, 2000. Copy of the aforesaid
certificates are annexed as Annexure V (colly).
(ix) That he was a very avid reader. He also wrote very good
poems (sic). That a collection of his selected poems was in the
process of being published in a book form. That as a young student
he had also participated in man literacy rallies and was deeply
concerned about social and women upliftment issues.
(x) That in 2005, after first completing first year of college, he
worked as a part time employee in Red Bull Company Pvt. Ltd.
within a months time he was offered a full time job as Trainee -
Cell Marketing Executive w.e.f. 1.07.2005. He was drawing salary
of Rs.10,000/- per month Annexure VI. That he completed one year
service and a Certificate Of Fine Workmanship & Companies
Values was awarded to him Annexure VII. That he was an Income
Tax Payee. Form 16AA is attached herewith Annexure VIII. That he
worked for over a year and then quit his job as he wanted to
continue his studies. That in year 2007, he was again approached
by Red Bull Company Pvt. Ltd. and was given the job again and
promoted as a Energy Team Leader. His gross salary was
Rs.15,000/- per month Annexure IX. That a testimonial work issued
by National Consumer Collecting Manager of Red Bull India Pvt.
Ltd. Under whom Mr. Aniruddha Rawat had worked. This
testimonial described him as an extremely sincere, active,
amazingly confident, responsible Energy Team Leader with Great
Communication Skills. It further described him as a fast learner and
an achiever in whichever role or job he undertook. In brief, he was
described as huge asset to the organization, Annexure X. That he
had to resign such a promising again to complete his graduation.
(xi) That the persons who had been working under Aniruddha in
2006 are getting Rs.23,000/- per month in 2008. Had he gone back
after the University Exams he would have got more than
Rs.25,000/- per month.
(xii) That the deceased was at the threshold of a breakthrough in
his career when his life came to an abrupt end on account of the
accident in question. That the deceased was expecting himself to
graduate, do his MBA & be remarkably successful in his career as
his other senior friends, relatives and family members. Death
certificate annexed as Annexure XI."
3. The claimants summoned M/s Red Bull India Pvt. Ltd. and M/s
Narangs Hospitality Services Pvt. Ltd. to prove the appointment letter, salary
certificate, Form 16AA and appreciation letters issued by the aforesaid
companies in pursuance to which Mr. Mukul Goswami, Administrative
Assistant from Red Bull India Pvt. Ltd. appeared before the Claims Tribunal
on 09th January, 2012 and sought time to produce the record whereupon the
case was adjourned to 22nd February, 2012 and then to 26th March, 2012
when further time was sought by the witness which was declined and the
evidence was closed.
4. The Claims Tribunal took the earning capacity of the deceased as
Rs.10,000/-, added Rs.2,500/- towards future prospects, deducted Rs.5,000/-
towards personal expenses and applied the multiplier of 18 to compute the
loss of dependency at Rs.16,20,000/-. The Claims Tribunal awarded
Rs.10,000/- towards loss of love and affection, Rs.10,000/- towards loss of
estate and Rs.10,000/- towards funeral expenses. Total compensation
awarded is Rs.16,50,000/- along with interest @ 7.5% per annum.
5. Learned counsel for the appellant urged at the time of the hearing that
the potential income of the deceased taken as Rs.10,000/- per month is on
higher side; the addition towards future prospects be set aside and the
multiplier be applied according to the age of the mother. It is further
submitted that the penal interest of 12%, if the amount is not deposited
within 30 days, be set aside.
6. Learned counsel for the respondents urged at the time of the hearing
that the potential income of the deceased has been taken on a lower side. It
is submitted that the potential income of the deceased be taken as
Rs.25,000/- per month. The respondents also seek enhancement of the
compensation under the heads of loss of love and affection and loss of
estate. The respondents also seek enhancement of rate of interest from 7.5%
to 9%.
7. This Court is of the view that the evidence of M/s Red Bull India Pvt.
Ltd. and M/s Narangs Hospitality Services Pvt. Ltd. is necessary to
determine the income of the deceased for computation of compensation.
This Court is further of the view that the Claims Tribunal erred in not
granting further time to the witness from M/s Red Bull India Pvt. Ltd. to
produce the relevant records.
8. In exercise of power under Order XLI Rule 27 (1) (b) of Code of Civil
Procedure, this Court considers the additional evidence of M/s Red Bull
India Pvt. Ltd. and M/s Narangs Hospitality Services Pvt. Ltd. necessary for
determination of the just compensation.
9. Issue summons to the following witnesses:
(i) M/s Red Bull India Pvt. Ltd. to produce all the relevant record
relating to employment of late Anirudh Rawat within their power
and possession and more particularly employment contract dated
1st July, 2007; Certificates dated 18th March, 2008 (Ex.PW1/6) and
10th April, 2008 (Ex.PW1/7).
(ii) M/s Danone Narang Beverages Pvt Ltd (formerly known as M/s
Narangs Hospitality Services Pvt. Ltd.) to produce all the relevant
record relating to employment of late Anirudh Rawat within their
power and possession and more particularly appointment letter
dated 1st June, 2005 by Narangs Hospitality Services Private
Limited (Ex.PW1/3); Confirmation letter dated 22nd January, 2006
by Narangs Hospitality Services Private Limited (Ex.PW1/4); TDS
Form 16AA of the deceased as an employee of Narangs
Hospitality Services Private Limited (Ex.PW1/5).
10. The summons to the witnesses be issued by ordinary mode, registered
AD Post as well as dasti. The respondents No.1 and 2 shall furnish the fresh
address of the witnesses along with the process fee form within two weeks.
11. List for recording the evidence of witness of M/s Red Bull India Pvt.
Ltd. and M/s Narangs Hospitality Services Pvt. Ltd. on 01st December, 2017.
12. The witness on behalf of M/s Red Bull India Pvt. Ltd. and M/s
Narangs Hospitality Services Pvt. Ltd. shall appear before this Court along
with original records mentioned above.
13. Copy of this order be sent to the witnesses along with the summons.
14. Copy of this order be given dasti to learned counsels for the parties
under signature of Court Master.
OCTOBER 11, 2017 J.R. MIDHA, J.
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