Delhi High Court
Girija K Pillai & Ors vs Union Of India & Ors on 14 September, 2017
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 14th September, 2017
+ MAC.APP. 320/2015
GIRIJA K PILLAI & ORS ..... Appellants
Through: Mr. O.P. Mannie, Advocate
versus
UNION OF INDIA & ORS ..... Respondents
Through: Mr. Mishal Vij, Advocate for Mr.
Rakesh Kumar, CGSC for R-1 & 3
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. Krishna Pillai, aged about 35 years, suffered injuries in a motor
vehicular accident that occurred on 28.03.2008 due to the negligent
driving of a vehicle described as a truck bearing registration no.87D
73369 M owned the respondents and died in the consequence. The
appellants being the members of his family dependent on him,
instituted accident claim case (MACP no. 374/08/14) on 23.08.2008
seeking compensation under Section 166 of the Motor Vehicles Act,
1988.
2. After inquiry, the Motor Accident Claims Tribunal (Tribunal),
by judgment dated 06.01.2015, accepted the claim for compensation
holding the driver of the offending vehicle (second respondent),
employee of the third respondent responsible, the other respondents
being held to be vicariously liable. The compensation in the sum of
Rs.27,73,000/- was awarded with direction to the respondents to pay
the same with interest at the rate of 7.5% p.a., the said amount
inclusive of Rs.25,38,000/- towards loss of dependency calculated on
the assumption that the deceased was earning Rs.11,750/- per month
as salary from M/s. YCH Logistics (India) Pvt. Ltd., evidence in this
regard having been brought in by the first appellant (widow) who
appeared as witness (PW-1), also examining Radhakrishna Pillai. J,
(PW-4), Section Manager Operations of the said entity speaking on
the basis of service records showing that the deceased was employed
in the capacity of Senior Officer (Operations). The tribunal applied
the multiplier of 16 and added the element of future prospects of
increase to the extent of 50% and made a deduction of one-fourth
towards personal and living expenses, correctly so in the face of clear
proof that the deceased was in regular employment with terms of
engagement showing progressive rise in income.
3. The claimants are in appeal submitting that the income was
under assessed, the evidence of PW-4 instead showing the gross
annual remuneration at Rs.1,79,460/-. It is also submitted that the
interest levied at the rate of 7.5% is inadequate.
4. Having heard the submission of both sides and having gone
through the tribunal's record, this court finds the grievances on both
the above mentioned aspects to be correct.
5. It does appear that the tribunal has gone by the salary slip for
the month of March 2008 (at page 253 of the tribunal's record). The
evidence of PW-4 had brought on record not only a certificate about
the terms of engagement (Ex. PW4/2) but also copy of the letter of
appointment (Ex. PW4/R1). The said record shows that the deceased
was to be paid not merely Rs.12,550/- p.m. as salary and allowances
but he was also to be entitled to annual benefits to the extent of
Rs.28,860/-, the said component confirming the annual remuneration
of Rs.1,79,460/-, the additional benefits having been explained to be in
the nature of bonus and other allowances. In these circumstances, the
loss of dependency will have to be worked out on the basis of annual
income of Rs.1,79,460/-.
6. Adding 50% on account of future prospects of increase,
deducting one-fourth towards personal and living expenses, applying
the multiplier of 16, the loss of dependency is re-computed
[Rs.1,79,460/- x 150/100 x 3/4 x 16] Rs.32,30,280/-, rounded off to
Rs.32,31,000/- (Rupees Thirty two Lakh and thirty one thousand
only). This would mean the award needs to be increased by
[Rs.32,31,000/- (-) Rs.25,38,000/-] Rs.6,93,000/- (Rupees Six Lakh
and ninety three thousand only).
7. The total award is thus increased to [Rs.27,73,000/- +
6,93,000/-] Rs.34,66,000/- (Rupees Thirty four Lakh and sixty six
thousand only).
8. The appellants concede that the compensation awarded by the
tribunal has already been received. The enhanced portion of the award
with interest at the rate of 9% p.a. (nine percent) levied thereupon
shall be deposited by the respondents with the tribunal within 30 days,
such portion falling to the share of the first appellant / Girija K. Pillai
(widow) only, it to be released to her in the form of interest bearing
fixed deposit receipt taken out from a nationalized bank in her name
for a period of seven years with right to draw monthly interest.
9. The appeal is disposed of in above terms.
R.K.GAUBA, J.
SEPTEMBER 14, 2017
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