Delhi High Court
Universal Sompo Gen. Ins. Co. Ltd vs Rajendra Pal Singh & Ors. on 9 April, 2018
$~16 & 17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 09th April, 2018
+ MAC.APP. 583/2017 & CM No.24259/2017
16 UNIVERSAL SOMPO GEN. INS. CO. LTD...... Appellant
Through: Mr. Mohammad Mustafa, Adv.
versus
RAJENDRA PAL SINGH & ORS. ..... Respondents
Through: Mr. J.S. Kanwar, Adv. for R1 to
R4.
+ MAC.APP. 967/2017
17 RAJENDRA PAL SINGH & ORS ..... Appellants
Through: Mr. J.S. Kanwar, Adv.
versus
HARENDER SINGH & ORS (UNIVERSAL
SOMPO GEN INSURANCE CO LTD ) ..Respondents
Through: Mr. Mohammad Mustafa, Adv.
for R1.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT
1. The parties have challenged the award of the Claims Tribunal
whereby the compensation of Rs.62,24,103/- has been awarded to the
claimants. The appellant in MAC.APP.583/2017 is seeking reduction
of the award amount whereas the appellants in MAC.APP.967/2017
are seeking enhancement of the award amount.
2. The accident dated 13th September, 2015 resulted in the death of
Vijay Singh. The deceased was aged 25 years and was working as a
Senior Executive with Jasper Infotech Pvt. Limited. The deceased was
survived by his parents, one brother and one sister who claimed
compensation before the Claims Tribunal.
3. The Claims Tribunal took the income of the deceased as
Rs.3,24,061/-, added 50% towards future prospects, deducted 1/3rd
towards personal expenses and applied the multiplier of 18 to compute
the loss of dependency as Rs.58,33,098/-. The Claims Tribunal
awarded Rs.2,56,005/- towards medical expenses, Rs.1,00,000/-
towards loss of love and affection, Rs.10,000/- towards loss of estate
and Rs.25,000/- towards funeral expenses. The total compensation
awarded is Rs.62,24,103/-.
4. Learned counsel for the appellant in MAC.APP.583/2017 urged
at the time of hearing that the personal expenses of the deceased be
taken as 50% as the deceased was unmarried. It is further submitted
that the Income Tax be deducted from the income of the deceased. It is
further submitted that the future prospects be reduced from 50% to
40% and the non-pecuniary compensation be reduced in terms of the
principles laid down in National Insurance Co. Ltd. v. Pranay Sethi,
2017 SCC OnLine SC 1270.
5. Learned counsel for the appellant in MAC.APP.967/2017
submits that the deceased has left behind four legal representatives
namely parents, one brother and one sister who were dependant on
deceased and, therefore, the personal expenses of the deceased be
restricted to 1/3rd. It is submitted that the job of the deceased was
permanent and, therefore, the addition of 50% towards future
prospects is fair and reasonable.
6. The deceased was aged 25 years at the time of the accident and
was survived by his parents, one brother and one sister. The age of the
father and mother of the deceased was 60 years and 53 years
respectively and the age of the brother and sister of the deceased was
22 years and 20 years respectively. This Court is of the view that the
personal expenses of the deceased have to be taken as 50%
considering that the deceased was unmarried. The brother and sister
aged 22 years and 20 years cannot be said to be dependent upon the
deceased. The personal expenses of the deceased are increased from
1/3rd to 1/2nd. The Claims Tribunal has taken the income of deceased
as Rs.3,24,061/- on the basis of Ex.PW2/5. However, the Income Tax
has not been deducted from the said income. As per the salary slip
Ex.PW2/3, Income Tax of Rs.1,624/- was deducted from the income
of the deceased. The income of the deceased after deduction of
Income Tax is taken as Rs.3,22,467/- (Rs.3,24,061 - Rs.1,624). With
respect to the future prospects, the employer of the deceased appeared
in the witness box as PW-2 and deposed that the job of the deceased
was permanent. In that view of the matter, the addition of future
prospects of 50% is in order. The Claims Tribunal has awarded
Rs.1,00,000/- towards loss of love and affection which is not
permissible head in terms of the judgment of the Supreme Court in
National Insurance Co. Ltd. v. Pranay Sethi, 2017 SCC OnLine SC
1270 and is, therefore, set aside. The non-pecuniary compensation is
restricted to Rs.15,000/- towards loss of estate and Rs.15,000/-
towards funeral expenses.
7. Taking the income of the deceased as Rs.3,24,061/-, deducting
Rs.1,624/- towards Income Tax, adding 50% towards future prospects,
deducting 50% towards personal expenses and applying the multiplier
of 18, the loss of dependency is computed as Rs.43,52,899.50. Adding
Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral
expenses, the total compensation is computed as Rs.43,82,899.50.
8. MAC.APP.583/2017 is allowed and the compensation of
Rs.62,24,103/- awarded by Claims Tribunal is reduced to
Rs.43,82,899.50 along with interest @ 9% per annum from the date of
the filing of the DAR i.e. 23rd February, 2016. MAC.APP.967/2017
is dismissed.
9. The appellant has deposited Rs.70,51,312/- with the Claims
Tribunal in terms of the order dated 26th July, 2017 out of which 25%
amount has been disbursed and the balance amount is lying in fixed
deposit with the Claims Tribunal. The Claims Tribunal is directed to
send the status report with respect to the amount released and the
balance amount kept in the FDR. The copy of the FDR be sent along
with the status report.
10. The appellant is directed to file the calculation of the amount
liable to be refunded at least three days before the next date of hearing
with copy to the respondents No.1 and 2 who shall verify the same.
11. Statutory amount be refunded back in MAC.APP.583/2017.
12. Respondents No.1 and 2 in MAC.APP.583/2017 are present in
Court and have produced the passbooks of their individual savings
bank accounts No.37265943756 and No.37265380780 with State
Bank of India, Saket Courts Complex Branch, IFSC Code:
SBIN0014244. Respondents No.1 and 2 are directed to transfer their
above said savings bank accounts to a Branch of State Bank of India
near the place of their residence. The concerned bank is directed not to
issue any cheque book or debit card to respondent no.1 and no.2. The
respondent no.1 and no.2 shall produce the copy of this order to the
concerned bank, whereupon the bank shall make an endorsement on
the passbooks of respondent no.1 and no.2 that no cheque book and/or
debit card shall be issued to respondent no.1 and no.2 without the
permission of this Court. However, the concerned bank shall permit
respondent no.1 and no.2 to withdraw money from their savings bank
accounts by means of a withdrawal form. The original passbooks with
necessary endorsement be produced before this Court on the next date
of hearing.
13. List for disbursement of the compensation amount on 14th May,
2018 at 02:30 P.M.
14. Copy of this judgment be given dasti to counsels for the parties
under signature of Court Master.
J.R. MIDHA, J.
APRIL 09, 2018
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