Balister & Ors vs Samay Singh & Ors (The United India ...
2018 Latest Caselaw 2346 Del

$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                   Date of Decision: 16th April, 2018


+      MAC.APP. 1030/2017

       BALISTER & ORS                                    ..... Appellants

                         Through:      Mr. Shekhar Aggarwal, Mr.Rahul
                                       Mohod, Advocates

                            Versus

       SAMAY SINGH & ORS (THE
       UNITED INDIA INSUARECE COMAPNY LTD )..... Respondents

                         Through:      Mr. Pankaj Gupta, Advocate for
                                       Ms.Suman Bagga, Advocate for
                                       respondent No.3

       CORAM:
       HON'BLE MR. JUSTICE J.R. MIDHA

                            JUDGMENT (ORAL)

1. The appellants have challenged the award of the Claims Tribunal whereby compensation of Rs.8,93,472/- has been awarded to them.

2. The accident dated 09th January, 2017 resulted in death of Ravi. The deceased was 20 years of age and was doing the business of supplying of sweets. It was claimed that the deceased was earning Rs.20,000/- per month. However, the Claims Tribunal took the minimum wages of Rs.9,724/-, deducted 1/2nd towards his personal expenses and applied the

multiplier of 13 to compute the loss of dependency as Rs.7,58,472/-. The Claims Tribunal awarded Rs.1 lakh 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.8,93,472/- along with interest @ 9% per annum.

3. Learned counsel for the appellants urged at the time of hearing that the income of the deceased be taken as Rs.20,000/-. It is further submitted that future prospects of 50% be added on the income and the multiplier be enhanced from 13 to 18 and the personal expenses of the deceased be reduced from 1/2nd to 1/3rd.

4. Learned counsel for respondent no.3 submits that the widow of the deceased re-married after the accident and therefore, she is not entitled to compensation. It is submitted that the personal expenses of the deceased taken as 1/2nd and multiplier of 13 taken by the Claims Tribunal be maintained.

5. This Court is of the view that the re-marriage of the widow is not a ground for denying compensation to her. Admittedly, the widow was dependent upon the deceased on the date of the accident and is entitled to the compensation.

6. This Court is of the view that the income of the deceased has not been sufficiently proved. In that view of the matter, there is no infirmity in taking minimum wages of Rs.9,724/- as income of the deceased by the Claims Tribunal. However, the Claims Tribunal erred in not adding future prospects. Future prospects of 40% are to be added to the income of the deceased. The deceased was survived by his widow and parents and, therefore, appropriate deduction towards the personal expenses is 1/3rd,

whereas the Claims Tribunal has deducted 1/2nd towards the personal expenses. The deceased was aged 20 years and the appropriate multiplier according to the age of the deceased is 18, whereas the Claims Tribunal has applied the multiplier of 13 according to the age of the mother of the deceased. The multiplier is, therefore, increased from 13 to 18. The Claims Tribunal has awarded Rs.1 lakh towards loss of love and affection, Rs.10,000/- towards loss of estate and Rs.25,000/- towards funeral expenses. The non-pecuniary compensation is reduced to Rs.70,000/- (Rs.40,000/- towards loss of consortium, Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses).

7. Taking the income of the deceased as Rs.9,724/-, adding 40% towards future prospects, deducting 1/3rd towards personal expenses and applying the multiplier of 18 the loss of dependency is computed as Rs.19,60,358.40. Adding Rs.70,000/- towards non-pecuniary compensation, the total compensation comes to Rs.20,30,358.40, rounded off to Rs.20,30,360/-.

8. The appeal is allowed. The compensation awarded by the Claims Tribunal is enhanced from Rs.8,93,472/- to Rs.20,30,360/- along with interest @ 9% per annum from the date of institution of the claim petition i.e. 15th May, 2017.

9. The enhanced amount be deposited by respondent No.3 with the Registrar General of this Court within four weeks.

10. List for disbursement of the enhanced amount on 28th May, 2018.

11. The appellants are directed to remain present in court on the next date of hearing along with their PAN cards, Aadhaar cards and passbooks of their individual savings bank accounts containing the necessary endorsement in terms of the order dated 13th April, 2018.

12. Copy of this judgment be given dasti to counsel for the parties under the signature of the Court Master.

APRIL 16, 2018                                           J.R.MIDHA, J.
rsk/dk