Delhi High Court
Veena Rani & Ors vs Bhupender & Ors (Reliance General ... on 27 May, 2021
$~A-4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 27th May, 2021
+ MAC.APP. 91/2017
VEENA RANI & ORS ..... Appellant
Through: Mr. H.S. Gautam, Advocate.
Versus
BHUPENDER & ORS (RELIANCE
GENERAL INSURANCE CO LTD) ..... Respondents
Through: Mr. A.K. Soni, Advocate for
respondent No.3.
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 the compensation of Rs.7,80,000/- has been
awarded to the appellants. The appellants seek enhancement of the
award.
2. The accident dated 24th June, 2010 resulted in the death of
Devender Kumar. The deceased was aged 48 years at the time of the
accident and was working as a Security Guard with Hawk Eye
Protection Detective Service Private Limited. The appellants claim
that the deceased was earning Rs.7,000/- as salary and he was also
running Atta Chakki after the duty hours and was earning about
Rs.8,000/- per month from Atta Chakki. The deceased was survived
by his widow, daughter, son and father, who claimed compensation.
3. The Claims Tribunal took the minimum wages of Rs.5,279/-
per month as income of the deceased, deducted 1/3rd towards
MAC.APP.
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:01.06.2021
14:12:02
personal expenses and applied the multiplier of 13 to compute the
loss of dependency as Rs.5,50,000/- (Rs.5,48,808/- rounded off).
The Claims Tribunal awarded Rs.1,00,000/- towards loss of love and
affection, Rs.1,00,000/- towards loss of consortium, Rs.10,000/-
towards loss to the estate and Rs.20,000/- towards funeral expenses.
The total compensation awarded is Rs.7,80,000/-.
4. Learned counsel for the appellant urged at the time of hearing
that the income of the deceased be taken as Rs.15,000/- per month
(Rs.7,000/- towards salary and Rs.8,000/- towards income from Atta
Chakki). It is further submitted that the personal expenses of the
deceased be reduced to 1/3rd to 1/4th.
5. Learned counsel for the respondents urged at the time of
hearing that there is no proof of income of the deceased either from
his employment or Atta Chakki and, therefore, the minimum wages
have been rightly taken as income of the deceased. It is further
submitted that the compensation awarded under the head of loss of
love of affection and loss to consortium be reduced.
6. Learned counsel for the appellants submits that appellants
have filed the ESI card of the deceased which was exhibited as
Ex.PW3/A. It is further submitted that the employer of the deceased
did not provide the salary documents and, therefore, the appellant
could not produce the same before this Court.
7. In view of the ESI card of the deceased proved by the
appellants, the income of the deceased is taken as Rs.7,000/- per
month. However, the claim of the deceased running the Atta Chakki
is not proved and is, therefore, rejected. That deceased was aged 48
MAC.APP.
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:01.06.2021
14:12:02
years and, therefore, 25% is added towards future prospects. The
deceased has left behind four legal representatives and, therefore,
1/3rd deducted towards personal expenses. Applying the multiplier of
13, the loss of dependency is computed as Rs.9,10,000/-. The
compensation for loss of love and affection is set aside as it is not a
permissible head. The compensation for loss to consortium is
enhanced to Rs.1,60,000/- (Rs.40,000/- each to four claimants). The
compensation for loss of estate is increased from Rs.10,000/- to
Rs.15,000/-, compensation for funeral expenses is reduced from
Rs.20,000/- to Rs.15,000/-. Total compensation is computed as
Rs.11,00,000/-. The appellants are entitled to total compensation of
Rs.11,00,000/-.
8. The appeal is allowed and the award amount is enhanced from
Rs. 7,80,000/- to Rs. 11,00,000/- along with interest @ 9% from the
date of accident i.e. 24th June, 2010.
9. Respondent is directed to deposit the enhanced award amount
along with up to date interest with DSLSA within a period of four
weeks. Respondent No.3 shall give written notice of deposit to the
claimants. Upon the aforesaid amount being deposited, the DSLSA
shall disburse the amount to the appellants in terms of principles laid
down in Rajesh Tyagi v. Jaibir Singh, judgment dated 08th January,
2021.
10. The digitalized copy of the entire record be sent to DSLSA.
MAC.APP.
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:01.06.2021
14:12:02
11. Copy of this judgment be sent to DSLSA.
J.R. MIDHA, J.
MAY 27, 2021
ak
MAC.APP.
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:01.06.2021
14:12:02
