Delhi High Court
Surjeet Singh & Anr vs Ajay Kumar Singh & Ors. on 16 March, 2018
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: March 16, 2018
+ MAC.APP. 475/2015
SURJEET SINGH & ANR ..... Appellants
Through: Mr. Om Prakash Gupta, Advocate
versus
AJAY KUMAR SINGH & ORS. .....Respondents
Through: Mr. Parveen Kumar Mehdiratta,
Advocate for respondent No.2-Insurance
Company
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
(ORAL)
Received on transfer.
1. Vide impugned Award of 25th March, 2015, compensation of `1
lac has been granted to appellants-Claimants on account of death of Smt.
Manjeet Kaur in a vehicular accident, which took place on 11th March,
2009. The factual background of this case already stands noticed in
impugned Award and so, needs no reproduction. Suffice to note that late
Smt. Manjeet Kaur was aged 69 years on the day of the accident and was
an illiterate house-wife. The value of gratuitous services rendered by
deceased has been taken into account by the Motor Accidents Claims
Tribunal, Karkardooma Courts, East District, Delhi (hereinafter referred
to as the 'learned Tribunal') while relying upon a decision of a co-
ordinate Bench of this Court in Royal Sundaram Alliance Insurance Co.
Ltd. v. Manmeet Singh and Others, 2012 SCC OnLine Del 583. However,
learned Tribunal has granted lump sum notional compensation of
`55,000/- on account of gratuitous service rendered by her. In addition,
compensation of `25,000/- has been granted under the head of 'loss of
love and affection'; `10,000/-under the head of 'funeral expenses' and
again `10,000/- under the head of 'loss of consortium'.
2. In this appeal, enhancement of compensation is sought by
appellants-Claimants while relying upon Supreme Court's decision in
Lata Wadhwa and Ors. v. State of Bihar and Others., (2001) 8 SCC 197
wherein the value of gratuitous service rendered by elderly ladies in the
age group of 62-72 years has been assessed at `20,000/- per annum.
3. Learned counsel for appellants-Claimants submits that while taking
into account the inflation, the value of gratuitous service rendered by
deceased ought to be assessed at `40,000/- per annum and in view of
Supreme Court's decision in Sarla Verma (Smt.) and others v. Delhi
Transport Corporation and Another, (2009) 6 SCC 121, multiplier of five
ought to be applied and so, it is submitted on behalf of appellants that
notional compensation of `55,000/- ought to be enhanced to `2 lacs. It is
also submitted that in view of Supreme Court's Constitution Bench
decision in National Insurance Company Ltd. Vs. Pranay Sethi & ors.
2017 SCC OnLine SC 1270, compensation under the head of 'loss of
consortium' deserves to be enhanced from `10,000/- to `40,000/- and the
funeral expenses ought to be enhanced from `10,000/- to `15,000/-. Thus,
it is submitted that quantum of compensation granted by learned Tribunal
deserves to be enhanced.
4. On the contrary, learned counsel for respondent seeks to rely upon
a decision of this Court in United India Insurance Co. Ltd. v. Shivani
Sharma, 2017 SCC OnLine Del 12637 and Royal Sundaram (supra) to
support impugned Award and seeks dismissal of this appeal.
5. Upon hearing and on perusal of impugned Award, evidence on
record and the decisions cited, I find that Supreme Court in Lata Wadhwa
(supra), has declared that value of gratuitous service rendered by elderly
ladies in the age group of 62-72 years has to be assessed at `20,000/- per
annum. While taking into account the inflation aspect, it is deemed
appropriate to assess the value of gratuitous service rendered by deceased
in the instant case at `30,000/- per annum. Since the decision in Lata
Wadhwa (supra) was not relating to a vehicular accident, therefore, 50%
towards her personal expenses has to be deducted. In the face of Supreme
Court's decision in Lata Wadhwa (supra), reference to decisions in
Shivani Sharma (supra) and Royal Sundaram (supra) is of no
consequence. Thus, the entitlement of legal heirs of deceased to
compensation is to be computed at `15,000/- per annum. In view of
Supreme Court's decision in Sarla Verma (supra), by adopting multiplier
of 5, the notional compensation payable on account of death of deceased
is assessed at `75,000/-.
6. So far as compensation granted under the non-pecuniary heads is
concerned, in view of Supreme Court's decision in Pranay Sethi (supra),
compensation granted under the head of 'love and affection' needs to be
disallowed, but the compensation granted under the head of 'loss of
consortium' is enhanced from `10,000/- to `40,000/- and 'funeral
expenses' are enhanced from `10,000/- to `15,000/-. In view of aforesaid,
compensation granted is enhanced from `1 lac to `1,30,000/-.
Respondent-Insurer shall deposit the enhanced compensation with the
concerned Tribunal within a period of four weeks from today and upon
deposit of the same, it be released forthwith to appellants-Claimants.
7. The enhanced compensation shall carry interest @ 9% per annum.
Since recovery rights have been already granted to respondent-Insurer,
therefore, respondent-Insurer shall also have the right to recover the
enhanced compensation from driver and owner of the offending vehicle.
8. Accordingly, the appeal is partly allowed to the extent indicated
above.
Copy of this judgment be given dasti to appellants-Claimants'
counsel.
(SUNIL GAUR)
JUDGE
MARCH 16, 2018
s
