Delhi High Court
Pinki & Ors vs Rajeev & Ors(The New India ... on 10 December, 2019
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 10.12.2019
+ MAC.APP. 642/2018
PINKI & ORS ..... Appellants
Through: Ms. Pinki Talukdar, Advocate.
versus
RAJEEV & ORS(THE NEW INDIA
INSURANCE CO LTD) ..... Respondents
Through: Mr. Maibam N. Singh, Advocate for
R-3.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J. (Oral)
CM APPL. 27657/2018 (delay of 9 days in filing)
1. This application seeks condonation of delay of 9 days in filing of the
appeal.
2. For the reasons mentioned in the application, the delay is condoned.
The application stands disposed-off.
MAC.APP. 642/2018
3. This appeal impugns the award of compensation dated 26.03.2018,
passed by the learned MACT in MACT No. 14287/15, on two grounds:
i) that the minimum wages applicable to an unskilled workman
were applied for computation of compensation towards „loss of
dependency‟.
ii) that the addition towards „loss of future prospects‟ has not been
granted.
4. The deceased was claimed to be a TSR driver. The claimants had
brought on record the driving licence issued by the Transport Department,
Government of NCT of Delhi (at page 192 of the LCR) alongwith a PSV
Driver‟s Badge issued to a TSR driver. These two licences were obviously
issued, after the Transport Department had satisfied itself that the deceased
Dinesh Kumar possessed the requisite skills to drive a TSR; the licences are
testimony of his skills.
5. In the circumstances, the minimum wages applied to a skilled
workman ought to have been taken into consideration. It is so directed.
Additionally, the deceased was 32 years of age at the time of the motor
accident and was self-employed, therefore, in terms of the dicta of the
Supreme Court in National Insurance Co. Ltd. vs. Pranay Sethi & Ors.,
(2017) 16 SCC 680, an addition of 40% ought to be and is granted towards
„loss of future prospects‟.
6. The unfortunate motor accident occurred on 11.06.2014; as per the
notification of the Government of NCT of Delhi dated 28.03.2014,
minimum wages applicable to a skilled workman, with effect from
01.04.2014, were Rs. 10,374/- per month. The same shall be taken into
consideration for computing compensation towards "loss of dependency".
7. The Court would note that in terms of the dicta of the Supreme Court
in Magma General Insurance Co. Ltd. vs. Nanu Ram @ Chuhru Ram &
Ors., 2018 SCC OnLine SC 1546, each of the claimants would be entitled to
compensation towards „loss of consortium‟ and „loss of love and affection‟
@ Rs. 40,000/- and Rs. 50,000/- respectively. The same is granted to them.
Additionally, compensation towards "loss of estate" and "funeral expenses"
shall also be payable @ Rs. 15,000/- under each head, in terms of Pranay
Sethi (supra).
8. Accordingly, the amount payable to the claimants is as under:
S.No. Particulars Amount
1. Loss of Dependency Rs. 20,91,398/-
[Rs. 10,374/- (minimum wages applicable to
a skilled workman) x 12 (months) x 16
(multiplier) x 140/100 (loss of future
prospects) x 75/100 (1/4th deduction
towards personal expenses)]
2. Loss of love and affection Rs. 2,00,000/-
[Rs. 50,000/- x 4 (claimants)]
3. Loss of consortium Rs. 1,60,000/-
[Rs. 40,000/- x 4 (claimants)]
4. Loss of Estate Rs. 15,000/-
5. Funeral Expenses Rs. 15,000/-
TOTAL Rs. 24,81,398/-
9. Let the aforesaid amount, alongwith interest @ 9% per annum from
the date of filing of the claim petition till its realization, be deposited before
the learned Tribunal, within three weeks from the date of receipt of copy of
this order, to be released to the beneficiary(ies) of the Award in terms of the
scheme of disbursement specified therein. The monies shall be released
only into the bank accounts of the claimants maintained near their place of
residence.
10. The appeal is disposed-off in the above terms.
NAJMI WAZIRI, J
DECEMBER 10, 2019/AB
