Delhi High Court
Nisha &Anr; vs Gaurav Sharma & Ors (Icici Lombard ... on 12 October, 2018
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 12th October, 2018
+ MAC.APP. 38/2018
NISHA &ANR ..... Appellants
Through: Mr.S.N. Parashar, Advocate
versus
GAURAV SHARMA & ORS (ICICI LOMBARD
GENERAL INS CO LTD) ..... Respondents
Through: Mr.Sandeep Jha, Advocate for R-4
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellants have challenged the Award of the Claims Tribunal
whereby the compensation of Rs.27,10,360/- has been awarded to them. The
appellants seek enhancement of compensation amount.
2. The accident dated 14th January, 2012 resulted in the death of Ankit
Gupta. The deceased was aged 31 years at the time of the accident and was
survived by his widow and his parents who claimed the compensation. The
deceased was self-employed and was earning Rs.1,99,259/- per annum.
3. The Claims Tribunal took the income of the deceased as Rs.1,60,960/-
per annum, added 50% towards future prospects, deducted 1/3rd towards his
personal expenses and applied the multiplier of 16 to compute the loss of
dependency as Rs.25,75,360/-. The Claims Tribunal awarded Rs.10,000/-
towards loss of estate, Rs.25,000/- towards funeral expenses and
Rs.1,00,000/- towards loss of love and affection. Total compensation
awarded is Rs.27,10,360/-.
4. Learned counsel for the appellants urged at the time of hearing that
the income of the deceased as per the Income Tax Return for the year 2011-
12 was Rs.1,99,259/- per annum and the Claims Tribunal erred in taking the
income of the deceased as Rs.1,60,960/- per annum on the basis of the
Income Tax Return for the previous year of 2010-11. It is submitted that the
income of the deceased be taken as Rs.1,99,259/- per annum instead of
Rs.1,60,960/- per annum.
5. Learned counsel for the respondents urged at the time of the hearing
that the future prospects be reduced from 50% to 40% and the compensation
amount of Rs.1,00,000/- towards the loss of love and affection is not a
permissible head. It is further submitted that the non-pecuniary
compensation be reduced to Rs.70,000/- (Rs.40,000/- for loss of consortium
+ Rs.15,000/- towards loss of estate + Rs.15,000/- towards funeral expenses)
in terms of principles laid down in National Insurance Co. Limited vs.
Pranay Sethi and Ors. 2017 SCC Online SC 1270.
6. There is merit in the contentions urged by learned counsels for the
parties. The Claims Tribunal erred in taking the income of the deceased as
Rs.1,60,960/- per annum on the ground that the Income Tax Return for
2011-12 was filed after the death of the deceased. This Court is of the view
that the income of the deceased has to be taken into consideration according
to the Income Tax Return for the year 2011-12. The income of the deceased
is taken as Rs.1,99,259/- per annum.
7. The Claims Tribunal has awarded Rs.1,00,000/- towards the loss of
love and affection which is no more a permissible head and is therefore, set
aside. The future prospects are reduced from 50% to 40% and non-pecuniary
compensation is reduced to Rs.70,000/- (Rs.40,000/- towards loss of
consortium + Rs.15,000/- towards loss of estate + Rs.15,000/- towards
funeral expenses).
8. Taking the income of the deceased as Rs.1,99,259/- per annum,
adding 40% towards future prospects, deducting 1/3 rd towards the personal
expenses and applying the multiplier of 16, the loss of dependency is
computed as Rs.29,75,601.07. Adding Rs.70,000/- (Rs.40,000/- for loss of
consortium + Rs.15,000/- towards loss of estate + Rs.15,000/- towards
funeral expenses) towards non-pecuniary compensation, the total
compensation is computed as Rs.30,45,601.07, rounded off to
Rs.30,45,650/-.
9. The appeal is allowed and the compensation awarded by the Claims
Tribunal is enhanced from Rs.27,10,360/- to Rs.30,45,650/- along with
interest at the rate of 9% per annum from the date of filing of the petition i.e.
21st September, 2012.
10. Respondent No.4 is directed to deposit the enhanced award amount
along with upto date interest with the Registrar General of this Court within
four weeks.
11. The Claims Tribunal has held the share of the parents (appellants) to
be 80% and the share of the widow (respondent No.5) as 20% on the ground
that the widow remarried after the accident. Respondent No.5 has filed MAC
APP. 151/2018 which is also listed today. The challenge of respondent No.5
for enhancement of her share shall be considered in MAC APP. 151/2018.
12. The appellants shall remain present in Court on the next date of
hearing along with all the FDRs issued in terms of the award dated 06th
September, 2017.
13. List on 07th December, 2018.
14. Copy of this judgment be given dasti to counsels for the parties under
signature of Court Master.
OCTOBER 12, 2018 J.R.MIDHA, J.
ds
