Delhi High Court
Sunita & Ors vs Rajan & Ors (Reliance General ... on 26 July, 2018
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 26th July, 2018
+ MAC.APP. 96/2017 & C.M. Appl. 3175/2017
SUNITA & ORS ..... Appellants
Through: Mr. Siddhartha Nanwal, Advocate for
appellant.
versus
RAJAN & ORS
(RELIANCE GENERAL INSURANCE CO LTD) ..... Respondents
Through: Mr. Rajeev M. Roy and Mr. P.
Srinivasan, Advocates 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.11,05,000/- has been awarded to the
appellants. The appellants seek enhancement of the award amount.
2. The accident dated 04th April, 2008 resulted in the death of Dalbir
Singh. The deceased was aged 35 years at the time of the accident and was
survived by his widow, mother, two daughters, two sons and a younger
brother who claimed compensation. The deceased was self-employed and
was running a restaurant. It was claimed that the deceased was earning
Rs.40,000/- per month. However, in the absence of any documentary
evidence, the Claims Tribunal took the minimum wages of Rs.5,000/- per
month as income of the deceased, deducted 1/5 th towards his personal
expenses and applied the multiplier of 15 to compute the loss of dependency
as Rs.7,20,000/-. The Claims Tribunal awarded Rs.1,50,000/- towards
medical expenses, Rs.1 lakh towards consortium, Rs.1 lakh towards loss of
consortium, Rs.10,000/- towards loss of estate and Rs.25,000/- towards
funeral expenses. The total compensation awarded was Rs.11,05,000/-.
3. Learned counsel for the appellant urged at the time of hearing that the
future prospects have not been awarded by the Claims Tribunal. It is further
submitted that the multiplier of 15 has been applied instead of 16.
4. Learned counsel for respondent No.3 submits that the compensation
of Rs.1 lakh awarded towards loss of love and affection is no more a
permissible head in view of National Insurance Co. Limited vs. Pranay
Sethi and Ors. 2017 SCC Online SC 1270. It is further submitted that the
compensation for loss of consortium, loss of estate and funeral expenses be
reduced to Rs.70,000/- in terms of National Insurance Co. Limited vs.
Pranay Sethi and Ors.(Supra).
5. There is merit in the contentions urged by learned counsels for both
the parties. The appellants are entitled to addition of 40% towards future
prospects and the appropriate multiplier at the age of 35 is 16. The
compensation of loss of love and affection is no more a permissible head and
the non-pecuniary compensation has to be reduced to Rs.70,000/-.
6. Taking the income of the deceased as Rs.5,000/- per month, adding
40% towards future prospects, deducting 1/5th towards the personal expenses
and applying the multiplier of 16, the loss of dependency is computed as
Rs.10,75,200/-. Adding Rs.1,50,000/- towards medical expenses,
Rs.40,000/- towards loss of consortium, Rs.15,000/- towards loss of estate
and Rs.15,000/- towards loss of consortium, the total compensation is
computed as Rs.12,95,200/-.
7. The appeal is allowed and the award amount is enhanced from
Rs.11,05,000/- to Rs.12,95,000/- along with interest @ 9% per annum w.e.f.
the date of institution of the claim petition i.e. 3rd June, 2008.
8. The enhanced award amount be deposited by respondent No.3 within
30 days.
9. The appellant No.1 is present in Court and has produced the passbook
of her savings bank account No.30801120144 with State Bank of India,
Rithala Branch, Delhi (IFSC Code:-SBIN0007817) with the necessary
endorsement.
10. List for disbursement of the compensation amount on 14th September,
2018.
11. Copy of this judgment be given dasti to learned counsels for the
parties under signature of Court Master.
JULY 26, 2018 J.R.MIDHA, J.
rsk
