Judgment:
$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:
12. h September, 2013 % + MAC.APP. 533/2012 ORIENTAL INSURANCE CO LTD. ..... Appellant Through: Mr. A.K. Soni, Advocate. Versus ARCHNA & ORS. ..... Respondents Through: Mr. Shekhar Aggarwal, Advocate for Respondent Nos. 1 to 3. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.
(Oral) 1. The present appeal is preferred against the impugned award dated 24.02.2012, whereby the learned Tribunal has granted the compensation as under:“ Expenses on medical treatment : Rs.4,20,000/- Compensation on account of loss of Dependency : Rs.7,20,000/- Funeral Expenses : Rs. On Account of Loss of Love & Affection : Rs. 10,000/- On account of contribution towards loss of Estate : Rs. 10,000/- Total MAC.APP.533/2012 2. Learned counsel appearing on behalf of the appellant/Insurance Company has argued on two grounds, firstly, the learned Tribunal has wrongly granted 50% towards future prospects. Secondly, though the widow of the deceased has re-married, despite that the learned Tribunal has granted a sum of Rs.3,00,000/- as compensation in her favour.
3. So far as the issue of awarding 50% towards future prospects is concerned, at the time of the accident, age of the deceased was 24 years, he was graduate in B.Com stream and having a Diploma in Tallying. Moreover, he was working as an Accountant with Mohan Electro Casting Kavi Nagar, District Ghaziabad, UP and was earning Rs.5,350/- per month and a certificate is also placed on record to this effect.
4. This issue is no more res integra as has been decided in catena of judgments and recently in the case of Rajesh and Ors.Vs. Rajbir Singh and Ors. 2013 (6) Scale 563, therefore, keeping in view the age of the deceased, the learned Tribunal has rightly granted 50% towards future prospects.
5. Regarding the other issue of re-marriage of widow of the deceased, I note, while awarding compensation, the learned Tribunal has taken this fact into view because out of the total awarded amount, i.e., 11,65,000/- including the interim award of rs.50,000/-, only a sum of Rs.3,00,000/- has been granted in her favour and out of the remaining amount, 65% was granted in favour of respondent No.3 Smt. Sudesh and 35% was granted in favour of the respondent No.2 Mahesh Tomar, i.e., the parents of the deceased.
6. Moreover, just because of the fact that the widow of deceased has re-married, it cannot be said that she had lost nothing and not suffered any mental agony. She lost her husband at a very young age and under the compelling circumstances she was compelled to re-marry.
7. Therefore, in view of the above discussion and taking into consideration the apportionment of the compensation amount granted by the learned Tribunal, I do not find any discrepancy in granting a sum of Rs.3,00,000/- to the widow of the deceased.
8. Learned counsel for the appellant/Insurance Company has also disputed the multiplier of 12 applied by the learned Tribunal.
9. I note, the learned Tribunal has not applied the said multiplier of 12 considering the age of the deceased, whereas the same is taken as per the age of the mother of the deceased.
10. At this stage, learned counsel for the respondents/claimants has submitted that for just and proper compensation, this Court has the power to enhance compensation, if the learned Tribunal has not granted any amount under a specific head or rather granted a meagre amount. He has pointed out that the learned Tribunal has granted a sum of Rs.5,000/- only towards funeral expenses; and Rs.10,000/- on account of loss of love and affection, however, the learned Tribunal has not granted any amount for loss of consortium.
11. Keeping in view the dictum of Rajesh & Ors. (supra), I enhance the compensation towards funeral expenses to Rs.25,000/- and on account of loss of love and affection to Rs.1,00,000/-.
12. Consequently, the compensation amount would come as under:- Sr. No. On account of 1. Expenses on medical Rs.4,20,000/treatment Rs.4,20,000/- 2. Loss of dependency Rs.7,20,000/- Rs.7,20,000/- 3. For funeral expenses Rs. 5,000/- Rs. 25,000/- 4. Loss of affection 5.
6. love and Rs. 10,000/- Rs. 10,000/- Loss of estate Rs. 10,000/- Rs. 1,00,000/- Loss of consortium NIL NIL Rs.11,65,000/- Rs.12,75,000/- Total 13. Granted by the Granted by this ld. Tribunal Court. Resultantly, the enhanced compensation amount comes to Rs.1,10,000/- (Rs.12,75,000 – Rs.11,65,000/-) 14. Needless to state that the enhanced amount shall also carry interest @ 7.5% per annum from the date of filing of the claim petition till realization.
15. The appellant/Insurance Company is directed to deposit the enhanced compensation amount with the Registrar General of this court within a period of five weeks from today, failing which, appellants/claimants shall be entitled for penal interest @ 12% per annum on account of delayed payment.
16. On deposit, the Registrar General is directed to release the amount in favour of the respondents/claimants in terms of the impugned award dated 24.02.2012 passed by the learned Tribunal on taking necessary steps by them.
17. On deposit of enhanced amount, the Registry of this Court is directed to release the statutory deposit in favour of the appellant/Insurance Company.
18. Accordingly, instant appeal is disposed of on the above terms. SURESH KAIT, J.
SEPTEMBER 12 2013 Sb/RS