Delhi High Court
Oriental Insurance Co. Ltd. vs Anuradha Bhattacharya &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. 188/2015
ORIENTAL INSURANCE CO. LTD. ..... Appellant
Through: Mr. A.K. Soni, Advocate..
versus
ANURADHA BHATTACHARYA &ORS ..... Respondents
Through: Mr. Divij Kumar, Advocate for respondents
No.1 to 3.
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 mother of
late Sneha Kapoor.
2. The accident dated 24th February, 2008 resulted in the death of Sneha
Kapoor. The deceased was aged 20 years and 4 months at the time of the
accident and was survived by her mother, minor sister and maternal
grandmother who filed an application claiming compensation of
Rs.92,00,000/-. The averments made by the claimants in the claim petition
with respect to the educational qualifications, occupation and income of
deceased are as under:-
"v) That the deceased was a very intelligent and bright student of
Amity University, NOIDA, Uttar Pradesh. She was pursuing her
course of B.A.(H) in Applied Psychology from the said University.
That she had already completed her two years in the aforesaid
subject. That next year she would have graduated from Amity
University, Uttar Pradesh. That she was a career-oriented person.
That her friends who are senior to her have pursed their career on
similar lines and are earning good salary packages in good
companies.
vi) That throughout her academic career, she had been a
meritorious, hardworking, excellent and all round student. That
this can be seen from the certificates of distinction and excellence
awarded to her at school and college levels. Copy of the aforesaid
certificates are annexed as Annexure-III.
vii) That she was an extremely good semi-classical singer like her
maternal grandmother and had also performed on many stages.
viii) That the deceased was also employed as a part time worker in
the Red Bull company which manufactures energy drink. That she
joined above mentioned company on 23/06/2007 and had reached a
level of distinction on account of her own efforts. That her hard
work and devotion was appreciated by the above-mentioned
company vide letter of appreciation which has been annexed as
Annexure-IV.
That at the time of her untimely death, the deceased was earning
Rs.10,000/- per month Annexure-V.
That she was managing marketing in reputed corporate houses like
HCL and its different branches and also in other corporate houses
in Noida. Apart from this, the deceased had also received growth
incentives from her employer for excellence in her work. In the
year 2007-2008, she was awarded a growth incentive of 33%
increase in her salary by her employer. (as annexed earlier as
Annexure-IV).
ix) That the deceased was at the threshold of a breakthrough in
her career when her life came to an abrupt end on account of the
accident in question. That the deceased was expecting herself to
graduate, do her MBA & be remarkably successful in her career as
her other senior friends, relatives and family members."
3. The claimants summoned M/s Red Bull India Pvt. Ltd. to prove her
employment record and appreciation letters issued by the aforesaid company
in pursuance to which Mr. Mukul Goswami, Administrative Assistant from
Red Bull India Pvt. Ltd. appeared before the Claims Tribunal on 09 th
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 50% towards future prospects, deducted 50% towards her
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. The 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. 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. necessary for determination of the just compensation.
9. Issue summons to M/s Red Bull India Pvt. Ltd. to produce all the
relevant record relating to employment of late Sneha Kapoor within their
power and possession and more particularly the Certificate dated 25 th March,
2008 (Ex.PW1/9) by Red Bull India Private Limited signed by Ms. Priya
Ranjan (Authorized Signatory) M/s Red Bull India Pvt. Ltd.
10. The summons to the witnesses be issued by ordinary mode, registered
AD Post as well as dasti. The respondents shall furnish the fresh address of
the witness 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. on 01st December, 2017.
12. The witness on behalf of M/s Red Bull India Pvt. Ltd. shall appear
before this Court along with original record 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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