Avin Khandelwal & Anr vs Balbir Singh & Ors (United India ...
2018 Latest Caselaw 4298 Del

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                   Date of Decision: 26th July, 2018

+     MAC.APP. 659/2017 & CM No.10372/2018
      AVIN KHANDELWAL & ANR                 ..... Appellants
                  Through: Mr. Barun Kumar Sinha, Ms.Pratibha
                           Sinha, Advocates
                         versus
      BALBIR SINGH & ORS
      (UNITED INDIA INSURANCE CO LTD)          ..... Respondents
                     Through: Mr. Anshum Jain and Mr. Shiv
                              Bhalla, Advs.
      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.5,30,520/- has been awarded to the appellants.

2. On 14th March, 2003 at about 11:55 P.M., Anshul Khandelwal was returning from Hyatt Regency Hotel after attending a birthday party of their friend in Baleno car bearing No.DL-9CB-1071 driven by Manas Bansal which collided with Ambassador car bearing No.DL-7CC-5301 at Prithvi Raj Road which resulted in death of Anshul Khandelwal and two occupants namely Manish Nigam and Anish Jain.

3. The deceased, Anshul Khandelwal was survived by his parents who claimed compensation before the Claims Tribunal. The deceased was aged 18 years at the time of the accident and was pursuing 1 st year of BBA course

from Jagannath International Management School, Kalkaji. The deceased was also a Director in his family company from which he was earning Rs.68,500/- per annum.

4. The Claims Tribunal took the income of the deceased as Rs.68,500/- per annum as per the Income Tax returns filed as a Director of the company owned by his father. The Claims Tribunal added 50% towards the future prospects, deducted 50% towards personal expenses and applied multiplier of 13 according to the age of the mother to compute the loss of dependency as Rs.4,45,250/-. The Claims Tribunal awarded Rs.25,000/- towards funeral expenses, Rs.50,000/- towards loss of love and affection and Rs.10,000/- towards loss of estate. The total compensation awarded is Rs.5,30,250/-.

5. Learned counsel for the appellants urged at the time of hearing that the Manish Nigam was also travelling in the Baleno car at the time of accident and he suffered fatal injuries. Manish Nigam was also aged 18 years and five months and was also pursing BBA Course. The Claims Tribunal dismissed the claim application in respect of the death of Manish Nigam, which was challenged before this Court in MAC.APP.628/2011 and vide judgment dated 15th May, 2014, this Court remanded back the matter to the Claims Tribunal for fresh adjudication.

6. The Claims Tribunal vide award dated 09th September, 2014 awarded compensation of Rs.16,50,000/- to parents of Manish Nigam by taking the earning capacity of Manish Nigam as Rs.10,000/- per month, 50% was added towards future prospects, 50% deducted towards personal expenses and multiplier of 18 was applied to compute the loss of dependency as Rs.16,20,000/-. The Claims Tribunal awarded Rs.10,000/- towards funeral expenses; Rs.10,000/- towards loss of estate and Rs.10,000/- towards loss of

love and affection. Total compensation awarded was Rs.16,50,000/-. Learned counsel for the appellants seeks parity with the compensation awarded to the parents of Manish. It is submitted that the deceased, Anshul Khandelwal as well as Manish were both aged about 18 years and were pursuing BBA course and therefore, the earning capacity of Anshul Khandelwal should be taken as Rs.10,000/- per month.

7. Learned counsel for respondent No.6 submits that Manish Nigam was pursuing BBA course from University of Wales College, U.K. whereas Anshul Khandelwal was pursing BBA course from JIMS, Kalkaji and, therefore, the lower earning capacity should be taken into consideration. It is further submitted that the appellants are not entitled to interest for the delayed period of six years in filing the appeal.

8. Learned counsel for the appellant has no objection to not awarding of the interest for the period of delay in filing the appeal.

9. This Court is of the view that the appellants are entitled to the parity with respect to the compensation awarded to the parents of Manish Nigam. Anshul Khandelwal as well as Manish Nigam both were aged about 18 years and both were pursuing BBA course. The earning capacity of the deceased Anshul Khandelwal is taken as Rs.10,000/- per month, 50% is added towards future prospects, 50% is deducted towards his personal expenses and multiplier of 18 is applied to compute the loss of dependency as Rs.16,20,000/-. Considering that the appellants are claiming parity with the case of Manish Nigam, the compensation under the heads of loss of love and affection, loss of estate and funeral expenses is restricted to Rs.30,000/-. The appellants are entitled to total compensation of Rs.16,50,000/- along with interest @ 7.5% as awarded in the case of Manish Nigam from the date of

institution till realization except the period of 01st April, 2011 to 10th March, 2017.

10. The appeal is allowed and the compensation awarded by the Claims Tribunal is enhanced from Rs.5,30,250/- to Rs.16,50,000/- along with interest @ 7.5% from the date of institution i.e.22nd April, 2004 till realization except the period of 01st April, 2011 to 10th March, 2017.

11. The enhanced award amount be deposited by respondent No.6 with the Registrar General of this Court within four weeks.

12. List for disbursement of the compensation amount on 31st August, 2018.

13. Copy of this judgment be given dasti to learned counsels for the parties under signature of Court Master.

JULY 26th, 2018                                             J.R.MIDHA, J.
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