Delhi High Court
Sunita & Ors vs Arun Singh & Ors (The Oriental ... on 26 March, 2019
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ Date of Decision: 26.03.2019
% MAC.APP. 1079/2018
SUNITA & ORS ..... Appellants
Through Ms. Harsh Lata, Advocate.
versus
ARUN SINGH & ORS (THE ORIENTAL INSURANCE
COMPANY LTD) ..... Respondents
Through Mr. Pradeep Gaur, Advocate for R-3.
CORAM:
HON'BLE MR. JUSTICE A.K. CHAWLA
JUDGMENT
A.K. CHAWLA, J. (ORAL)
1. By the instant appeal, the appellants, who are the widow, mother and
son of the deceased Shri Chand, who died on account of a motor accident
involving a bus bearing registration No. DL 1PC 5038, in short the
offending vehicle, are aggrieved of the quantum of compensation awarded
by the Tribunal under the impugned judgment/Award dated 09.08.2018.
2. A total compensation of Rs.5,74,000/- has come to be awarded by the
Tribunal under the different heads, as follows:-
1. Loss of dependency/Contribution Rs.5,03,412/-
to family:
2. Loss of Estate: Rs. 15,000/-
3. Loss of consortium: Rs. 40,000/-
4. Funeral Charges: Rs. 15,000/-
5. Medical Bills: Rs. 15,000/-
Total= Rs. 5,73,412/-
rounded off
Rs.5,74,000/-
3. During the course of hearing, learned counsel for the appellants
submits that she has instructions to state that the appeal only as regards the
compensation awarded under the head 'loss of dependency/contribution to
family', which is assessed having made deduction towards the personal
expenses to the extent of one half (50%), is pressed.
4. The deceased was aged about 63 years of age at the time of the
incident and a retired Officer of RBI. Undisputedly, his spouse-the
appellant No.1; his mother-appellant No.2; and his son-the appellant No.3,
who was aged about 24 years and studying, survived him. Nothing comes to
be pointed out for their being employed in any manner and thus, being not
dependant upon the deceased. It is thus clear that all the claimants/the
appellants were dependent on the deceased and therefore, the deduction to
the extent of 50% towards the personal expenses of the deceased does not
appear reasonable. On this aspect of deduction, Mr. Gaur, learned counsel
for the insurer-The Oriental Insurance Company Ltd. is at pains to justify the
deduction to such an extent. Least to say, the widow and the mother would
be senior citizens, and, possibly, having their own medical concerns.
Keeping in view the totality of facts and circumstances, it can be taken that
the personal expenses of the deceased would not exceed 1/3rd of his income.
The impugned Award to that extent therefore, invites interference.
5. In view of the foregoing, the impugned Award is modified to the
extent that the compensation awarded under the head of loss of dependency
shall be assessed with the deduction from income towards personal expenses
of the deceased at 1/3rd instead of 50% and the amounts so calculated shall
be apportioned in consonance with the terms of the impugned Award.
At this stage, both the learned counsel for the parties concede that
with such modification the quantum of loss of dependency shall enhance to
Rs.6,71,244/- instead of Rs.5,03,412/-. The impugned Award stands
modified to that effect. The enhanced compensation shall be deposited by
the insurer-The Oriental Insurance Company Ltd. with the Tribunal within
six weeks from today, failing which, it shall attract an interest @ 12% p.a.
from today till the deposit. Impugned Award stands modified accordingly.
6. The appeal stands disposed of.
A.K.CHAWLA, J.
MARCH 26, 2019
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