Delhi High Court
Anuplal Mandal & Anr vs Chotela Mondal & Ors (Iffco Tokio ... on 20 July, 2018
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 20th July, 2018
+ MAC.APP.75/2018
ANUPLAL MANDAL & ANR ..... Appellants
Through: Mr. Jatinder Kamra, Adv.
versus
CHOTELA MONDAL & ORS (IFFCO
TOKIO GENERAL INSURANCE CO LTD) ..... Respondents
Through: Mr. Mrinal Harshvardhan, Adv. for
IFFCO.
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.8,50,884/- has been awarded to the claimants.
The appellants seek enhancement of the award amount.
2. The accident dated 06th December, 2015 resulted in the death of
Mithilesh Kumar Mandal. The deceased was aged 23 years at the time of
accident and was survived by his parents. The deceased was working as a
skilled pilling worker. It was claimed that the deceased was earning
Rs.15,000/- per month. However, in the absence of any documentary proof
of income, the Claims Tribunal took minimum wages of Rs.9,178/- per
month, deducted 1/2 towards his personal expenses and applied the
multiplier of 13 according to the age of the mother to compute the loss of
dependency as Rs.7,15,884/-. The Claims Tribunal awarded 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.8,50,884/-.
3. Learned counsel for the appellant urged at the time of hearing that the
future prospects of 40% have not been awarded by the Claims Tribunal. It is
further submitted that the multiplier of 18 has to be applied according to the
age of the deceased. Reliance is placed on National Insurance Co. Limited
vs. Pranay Sethi and Ors., 2017 SCC Online SC 1270.
4. Learned counsel for respondent No.3 urged at the time of hearing that
the loss of love and affection is no more a permissible head and, therefore,
the compensation of Rs.1,00,000/- awarded by the Claims Tribunal has to be
set aside. It is further submitted that the loss of estate and funeral expenses
be reduced to Rs.15,000/- each in terms of the principles laid down in
National Insurance Co. Limited vs. Pranay Sethi and Ors.(Supra).
5. There is merit in the contentions urged by the learned counsels for
both the parties. The appellants are entitled to future prospects of 40% and
the multiplier of 18 has to be applied according to the age of the deceased.
The compensation for loss of love and affection is no more a permissible
head and, therefore, the compensation of Rs.1,00,000/- is liable to be set
aside. The compensation for loss of estate and funeral expenses is liable to
be reduced to Rs.15,000/- each.
6. Taking the income of the deceased as Rs.9,178/- per month, adding
40% towards future prospects, deducting 1/2 towards personal expenses and
applying the multiplier of 18, the loss of dependency is computed as
Rs.13,87,713.6. Adding Rs.15,000/- towards loss of estate and Rs.15,000/-
towards funeral expenses, the total compensation is computed as
Rs.14,17,713.6, rounded of to Rs.14,17,714/-.
7. The appeal is allowed and the compensation amount is enhanced from
Rs.8,50,884/- to Rs.14,17,714/- along with interest @ 9% per annum from
the date of institution of the claim petition i.e. 07th January, 2016.
8. Respondent No.1 is directed to deposit the enhanced award amount
with the Registrar General of this Court within 30 days. The proof of deposit
along with the computation of interest on affidavit be filed within one week
of the deposit.
9. List for disbursement of the compensation amount on 28th September,
2018.
10. The appellants shall remain present in Court on the next date of
hearing along with documents mentioned in the order dated 22nd January,
2018.
11. Learned counsel for the appellant submits that the appellants are
residents of Katihar, Bihar and they have savings bank accounts in State
Bank of India, Saket Courts Branch. The appellants are directed to transfer
their accounts in State Bank of India, Saket Courts Branch to a branch of
State Bank of India near the place of their residence. The appellants shall
approach State Bank of India, Saket Courts Branch for transfer of the
accounts and upon completing the necessary formalities, State Bank of
India, Saket Courts Branch is directed to transfer the savings bank accounts
of the appellants to the branch of State Bank of India near the place of
residence of the appellants. State Bank of India, Saket Courts Branch is
directed not to issue any cheuqe book or debit card to the appellants and if
the same have already been issued, the bank is directed to cancel the same
and make an endorsement on the passbooks that no cheque book or debit
card shall be issued to the appellants without permission of this Court and
the same be communicated to the State Bank of India branch near the place
of residence of the appellants. However, State Bank of India shall permit the
claimants to withdraw money from their savings bank accounts by means of
a withdrawal form.
12. Copy of this judgment be given dasti to learned counsels for the
parties under signature of Court Master.
JULY 20, 2018 J.R.MIDHA, J.
ak
