Ashok Kapoor vs Balwant Singh & Ors.
2018 Latest Caselaw 4173 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                        Date of Decision: July 20, 2018

+                       MAC.APP. 243/2013
      ASHOK KAPOOR                             .....Appellant
                  Through: Mr. Nitinjya Chaudhary and
                  Mr. Rajiv Kumar Trivedi, Advocates

                        Versus

      BALWANT SINGH & ORS.                          .....Respondents
                  Through:           Mr. Ravi Sabharwal, Advocate

      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR
                   JUDGMENT

(ORAL)

1. Impugned Award of 16th April, 2012 grants compensation of `25,55,200/- with interest @ 9% p.a. to appellant-Claimant on account of death of one Sachin Kapoor aged 24 years in a vehicular accident on 2nd August, 2007.

2. The factual background of this case, as noticed in the impugned Award, is as under:-

"On 02.08.07 the deceased was going from his residence at Kotla Mubarakpur to his office at A-44, Mohan Cooperative Industrial Area, Mathura Road on his motorcycle no. DL 9S M 5390. At around 11.30 AM opposite Dargah & C-Block, East of Kailash at Captain Gaur Marg, a bus bearing no. DL 1P B 5127, being driven rashly and negligently by respondent no. 1 suddenly took right turn without giving any indication and hit the motorcycle. The deceased fell down and died on the spot.

(b) It was stated that the deceased was unmarried. He had been working in a private company and earning Rs.

2,96,326/- p.a.

(c) It was stated that due to untimely death of Sachin Kapoor, the parents of the deceased have been under pain and agony, since lost the affectionate company of the deceased.

(d) It is stated that petitioners be adequately compensated."

3. On the basis of evidence led, impugned Award has been rendered by Motor Accident Claims Tribunal (henceforth referred to as "the Tribunal") and the breakup of compensation awarded is as under:-

         1.) Loss of dependency                    :     `25,10,200/-
         2.) Loss of love and affection            :       `25,000/-
         3.) Funeral expenses                      :       `10,000/-
         4.) Loss of Estate                        :       `10,000/-
                                                         _________
                    Total :                              `25,55,200/-
                    Less : (Interim award vide
                    Order dated 24.02.2009)        :       ₹50,000/-
                    Total                          :     ₹25,05,200/-

4. The challenge to impugned Award by learned counsel for appellant-Claimant is on the ground that the applicable multiplier as per age of the deceased is of 18, whereas the Tribunal has erred in applying multiplier of 13 while taking into consideration the age of mother of the deceased. It is asserted by learned counsel for appellant-Claimant that "non pecuniary compensation" awarded by the Tribunal is inadequate and it needs to be enhanced in light of Supreme Court's Constitution Bench decision in National Insurance Company Ltd. Vs. Pranay Sethi & ors. (2017) 16 SCC 680.

5. On the contrary, learned counsel for respondent- Insurer supports the impugned Award and submits that the compensation awarded is just and fair. So, it is submitted by learned counsel for respondents that this appeal deserves to be dismissed.

6. Upon hearing and on perusal of impugned Award, evidence on record and the decision cited, I find that Supreme Court in Pranay Sethi (Supra), has clarified that the multiplier applicable shall be in relation to age of the deceased and not the claimants. In the instant case, the deceased was aged 24 years and so, the applicable multiplier would be of

18. Since employment of the deceased was permanent in nature, therefore, the Tribunal has rightly made addition of 50% towards „future prospects‟. Accordingly, the „loss of dependency‟ is reassessed as under:-

₹2,57,454/-p.a. X 18 X 150/100 X 50/100 = ₹34,75,629/-

7. As regards compensation granted under the "non pecuniary heads", it needs to be brought in tune with Supreme Court's Constitution Bench decision in Pranay Sethi (supra). Accordingly, compensation granted by the Tribunal under the head of "loss of love & affection" is disallowed. However, "funeral expenses" are increased from `10,000/- to `15,000/-. Similarly, compensation granted under the head "loss of estate" is also increased from `10,000/- to `15,000/-.

8. Consequentially, the compensation payable to appellant-Claimant is reassessed as under:-

           S.No.    Description                Amount
           1.       Loss of Dependency         `34,75,629/-
           2.       Funeral Expenses              `15,000/-
           3.       Loss of Estate                `15,000/-
                                     Total     `35,05,629/-
                    Less (interim compensation    `50,000/-
                    awarded vide order dated
                    24.02.2009)
                                               `34,55,629/-

9. In light of aforesaid, total compensation payable to appellant is

enhanced from `25,55,200/- to `35,05,629, which shall carry interest @ 9% per annum. The enhanced compensation be deposited by respondent- Insurer within four weeks with the Tribunal and it be released in the ratio and manner, as indicated in the impugned Award.

10. With aforesaid directions, this appeal is disposed of.

(SUNIL GAUR) JUDGE JULY 20, 2018 v