Delhi High Court
United Lindia Insurance Co Ltd vs Shakuntala & Ors on 18 June, 2021
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 18th June, 2021
+ MAC.APP. 135/2020 & CM APPL. 8821/2020
UNITED LINDIA INSURANCE CO LTD. ..... Appellant
Through: Mr. Animesh Sinha, Advocate
versus
SHAKUNTALA & ORS ..... Respondents
Through: Mr. Nitin Garg, Advocate
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT
1. The petitioner has challenged the award dated 13th November,
2019 of the Claims Tribunal whereby compensation of
Rs.20,24,400/- has been awarded to the claimants/respondents No.1
and 2.
2. The accident dated 21st October, 2016 resulted in the death of
Arjun. The deceased was aged 20 years at the time of accident and
was survived by his parents who claimed compensation. The
deceased was a vegetable seller and according to the respondents
No. 1 and 2, the deceased was earning Rs.12,000/- per month.
3. The Claims Tribunal took the income of the deceased as
Rs.12,000/- per month, added 40% towards future prospects,
deducted 50% towards personal expenses and applied the multiplier
of 18 to compute the loss of dependency as Rs.18,14,400/-. The
Signature Not Verified
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:19.06.2021
13:32:03
Claims Tribunal awarded Rs.1,00,000/- (Rs.50,000/- each) towards
loss of love and affection, Rs.80,000/- (Rs.40,000/- each) towards
loss of consortium, Rs.15,000/- towards loss to the estate and
Rs.15,000/- towards funeral expenses. Total compensation awarded
is Rs.20,24,400/-.
4. Learned counsel for the appellant urged at the time of the
hearing that minimum wages of Rs.6,814.81 as applicable in U.P. at
the relevant time be taken into consideration to compute the
compensation as the deceased was resident of U.P. Learned counsel
for respondents No.1 and 2 urged at the time of hearing that the
deceased was working at Delhi and therefore, the minimum wages of
Rs.9,724/- per month of Delhi be taken into consideration.
5. This Court is of the view that in the absence of any
documentary proof of income with respect to the occupation and
income of the deceased, the Claims Tribunal ought to have taken the
minimum wages of Delhi as the income of the deceased. In the
present case, the minimum wages of Delhi at the relevant time were
Rs.9,724/- per month which is taken as the income of the deceased
instead of Rs.12,000/- per month taken by the Claims Tribunal.
6. Taking the income of the deceased as Rs.9,724/- per month,
adding 40% towards future prospects, deducting 50% towards the
personal expenses and applying the multiplier of 18, the loss of
dependency is computed as Rs.14,71,000/- (Rs.14,70,268.80
rounded of) Adding the non-pecuniary compensation as awarded by
the Claims Tribunal, the total compensation is computed as
Rs.16,81,000/-.
Signature Not Verified
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:19.06.2021
13:32:03
7. The appeal is allowed and the compensation amount awarded
by the Claims Tribunal is reduced from Rs.20,24,400/- to
Rs.16,81,000/- along with interest @ 9% p.a. from the date of filing
of DAR i.e. 09th January, 2017. Pending application is disposed of.
8. Learned counsel for the appellant submits that the appellant
has deposited Rs.21,24,793/- in compliance of this Court order dated
04th March, 2020.
9. According to the calculation by the Accounts Officer of this
Court, the compensation amount of Rs.16,81,000/- along with
interest @ 9% per annum upto the date of the deposit is computed as
Rs.22,41,169.61. As such, the balance amount of Rs.1,16,376.91 is
liable to be deposited by the appellant. The appellant is therefore
directed to deposit Rs.1,17,000/- (Rs.1,16,376.91 rounded of) with
DSLSA within four weeks.
10. The details passbooks of savings bank accounts of
respondents No.1 and 2 along with necessary endorsement from the
Bank are in the Lower Court Record at page numbers (handwritten)
357 to 387. The particulars of the bank accounts of respondents No.1
and 2 are as under: -
(i) Shakuntala @ Shakuntla (Respondent No. 1)
A/c No. 23540100025917
Bank- Bank of Baroda, Soodanpur, Distt. Bareilly
Branch (Address: Soodanpur , Vill & Post Karghena ,
Distt. Bareilly , Uttar Pradesh - 243001)
IFSC Code - BARB0SOODAN
(ii) Pappu (Respondent No.2)
A/c No.23540100025914
Signature Not Verified
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:19.06.2021
13:32:03
Bank- Bank of Baroda, Soodanpur, Distt. Bareilly
Branch (Address: Soodanpur , Vill & Post Karghena ,
Distt. Bareilly , Uttar Pradesh - 243001)
IFSC Code - BARB0SOODAN
11. The Registrar General of this Court is directed to transfer the
FDR of Rs.21,24,793/- along with interest to DSLSA within three
weeks whereupon DSLSA shall disburse the total amount to
respondents No.1 and 2 in terms of the principles laid down in
Rajesh Tyagi v. Jaibir Singh, dated 08th January, 2021,
MANU/DE/0051/2021.
12. List for reporting compliance with respect to deposit of
Rs.1,17,000/- before Joint Registrar on 06th August, 2021.
13. The statutory amount be refunded back to the appellant after
the deposit of the balance amount.
J.R. MIDHA, J.
JUNE 18, 2021
dk
Signature Not Verified
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:19.06.2021
13:32:03
