Delhi High Court
Urmila & Ors vs Iffco Tokio Ins Co Ltd & Ors on 11 February, 2020
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 11th February, 2020
+ MAC.APP. 984/2017
URMILA & ORS ..... Appellants
Through: Mr. Anshuman Bal, Advocate.
versus
IFFCO TOKIO INS CO LTD & ORS ..... Respondents
Through: Mr. J.P.N. Shahi, Advocate for R1.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
J U D G M E N T (ORAL)
1. The appellants have challenged the award of the Claims Tribunal
whereby compensation of Rs.12,08,904/- has been awarded to the
appellants. The appellants are seeking enhancement of the award amount.
2. The accident dated 20th January, 2016 resulted in the death of
Rajender. The deceased aged 46 years was working as a painter at the time
of the accident. The deceased was survived by his widow, three sons, one
daughter and mother. The Claims Tribunal took the income of the deceased
as Rs.9,178/- per month; deducted 1/4th towards personal expenses and
applied the multiplier of 13 to compute the loss of dependency as
Rs.10,73,826/-. The Claims Tribunal awarded Rs.50,000/- towards loss of
care and guidance for minor child; Rs.50,000/- towards loss of consortium;
Rs.10,000/- towards loss to estate; and Rs.25,000/- towards funeral
expenses. Total compensation awarded is Rs.12,08,904/-.
3. Learned counsel for the appellants urged at the time of hearing that
the income of the deceased be taken as Rs.11,154/- equivalent to the
minimum wages of a skilled person; 25% be added towards future prospects;
compensation for loss of love and affection be enhanced to Rs.50,000/- for
each of the claimant; compensation for loss of consortium be enhanced to
Rs.40,000/- for each of the claimant; compensation for loss of estate be
enhanced from Rs.10,000/- to Rs.15,000/-.
4. Learned counsel for respondent No.1 submits that the compensation
awarded by the Claims Tribunal is just, fair and reasonable. It is further
submitted that the compensation for funeral expenses be reduced from
Rs.25,000/- to Rs.15,000/-.
5. There is merit in the contentions urged by the learned counsel for the
appellant. The deceased was a painter and, therefore, the minimum wages of
Rs.11,154/- are taken into consideration for computation of compensation
and 25% are added towards the future prospects. The compensation for loss
of love and affection is enhanced to Rs.50,000/- for each claimant;
compensation for loss of consortium is enhanced to Rs.40,000/- for each
claimant; compensation for loss of estate is enhanced to Rs.15,000/-.
However, the compensation for funeral expenses is reduced from
Rs.25,000/- to Rs.15,000/-. The appellant are entitled to total compensation
of Rs.22,02,000/- (Rs.22,01,272.50 rounded off).
6. The appeal is allowed and the compensation amount is enhanced from
Rs.12,08,904/- to Rs.22,02,000/- @ 9% per annum from the date of
institution.
7. The enhanced award amount be deposited by respondent No.1 with
the Registrar General of this Court. After depositing the aforesaid amount,
respondent No.1 shall be entitled to recover the same from respondent No.2
and 3 in terms of the award of the Claims Tribunal.
8. List for disbursement of the compensation amount on 03 rd April,
2020.
9. The appellants shall remain present in Court on the next date of
hearing along with passbooks of their savings bank accounts near the place
of their residence as well as PAN card and Aadhaar card. The appellants
shall produce the copy of this judgment to the concerned banks, whereupon
the banks shall make an endorsement on the passbooks of the appellants that
no cheque book and/or debit card shall be issued to the appellants without
the permission of this Court. However, the concerned banks shall permit the
appellants to withdraw money from their savings bank accounts by means of
a withdrawal form. The appellants shall produce the original passbooks of
their individual savings bank accounts with the necessary endorsement on
the next date of hearing.
10. Copy of this judgment be given dasti to counsels for the parties under
signatures of Court Master.
J.R. MIDHA, J.
FEBRUARY 11, 2020
ak
