Judgment:
$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:
13. h March, 2014 % + MAC.APP. 950/2012 RUCHIKA LUTHRA Represented by: ..... Appellant Mr.Manish Maini, Advocate. Versus ASHWANI GARG & ORS. Represented by: ..... Respondents Mr.Shoumik Mazumdar, Advocate for Respondent No.2/Insurance Company. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.
(Oral) 1. The present appeal is preferred against the impugned award dated 28.03.2012, whereby the learned Tribunal has granted compensation for a sum of Rs.6,16,496/- with interest at the rate of 7.5% per annum from the date of filing the claim petition till realization of the amount.
2. Vide the present appeal, the appellant is seeking enhancement of the compensation amount noted above.
3. Learned counsel appearing on behalf of the appellant submits that PW1, Smt. Ruchika Luthra, widow of the deceased had deposed that on the date of the accident her husband was 25 years of age. He was in the business of embroidery, earning Rs.25,000/- per month and contributing his entire income towards household expenses.
4. Since the appellant failed to prove the avocation and salary of the deceased, therefore, the learned Tribunal has assessed the income of the deceased as Rs.3,934/- applicable to an unskilled person as per the Minimum Wages Act, 1948.
5. Learned counsel further submits that the deceased was 25 years of age on the date of the accident, despite that the learned Tribunal has not added any amount in his actual income towards future prospects.
6. On this issue, learned counsel has relied upon the case of Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE563 wherein the Full Bench of the Apex Court has held as under:
“11. Since, the Court in Santosh Devi's case (supra) actually intended to follow the principle in the case of salaried persons as laid in Sarla Verma's case (supra) and to make it applicable also to the self-employed and persons on fixed wages, it is clarified that the increase in the case of those groups is not 30% always; it will also have a reference to the age. In other words, in the case of self-employed or persons with fixed wages, in case, the deceased victim was below 40 years, there must be an addition of 50% to the actual income of the deceased while computing future prospects. Needless to say that the actual income should be income after paying the tax, if any. Addition should be 30% in case the deceased was in the age group of 40 to 50 years.”
12. In Sarla Verma's case (supra), it has been stated that in the case of those above 50 years, there shall be no addition. Having regard to the fact that in the case of those self-employed or on fixed wages, where there is normally no age of superannuation, we are of the view that it will only be just and equitable to provide an addition of 15% in the case where the victim is between the age group of 50 to 60 years so as to make the compensation just, equitable, fair and reasonable. There shall normally be no addition thereafter.
7. Learned counsel further submits that the deceased died at the young age and left behind his young widow and parents. Despite that, the learned Tribunal has awarded Rs.25,000/- towards loss of love and affection, Rs.10,000/- for loss of consortium and Rs.5,000/- for funeral expenses, which is on a very lower side.
8. On the other hand, learned counsel appearing on behalf of the respondent No.2/Insurance Company submits that the appellant has failed to prove the avocation and salary of the deceased and also that he was in permanent job, therefore, the learned Tribunal has assessed the monthly income of the deceased as Rs.3,934/- applicable to an unskilled person at the relevant time. Thus, the appellant is not entitled for any compensation towards loss of future prospects.
9. To support his submissions, learned counsel has relied upon the case of Sarla Verma & Ors. Vs. DTC & Anr., (2009) 6 SCC121, which has been confirmed by the Full Bench of the Apex Court in the case of Reshma Kumari & Ors. Vs. Madan Mohan & Anr. delivered in Civil Appeal No.4646 of 2009 on 02.04.2013.
10. Regarding non-pecuniary damages, learned counsel for the respondent No.2/Insurance Company submits that it is the discretion of the Tribunals to grant compensation on these counts after taking into consideration the facts and circumstances of the case. Accordingly, in the present case, keeping in view the facts, the learned Tribunal has granted sufficient amount towards non-pecuniary damages.
11. As regards the issue of future prospects is concerned, the same has been dealt with by this Court in the case bearing MAC. APP. No.846/2011 titled as ‘ICICI Lombard General Insurance Co. Ltd. Vs. Angrej Singh & Ors.’, decided on 30.09.2013, while relying upon the dictum of Rajesh and others (supra). Therefore, keeping in view that the deceased was 25 years of age at the time of the accident; I add 50% of the actual income of the deceased towards future prospects.
12. So far as the non-pecuniary damages are concerned, the deceased was aged 25 years of age at the time of the accident and left behind widow at a young age, who lost her company and enjoyment of life. The parents have lost their son instead of seeing his future and progress.
13. Keeping in view the facts and circumstances of the case, since the amount awarded towards loss of love and affection, loss of consortium and funeral expenses is inadequate, therefore, I enhance the same as Rs.1,00,000/- each on account of loss of love and affection and loss of consortium and Rs.25,000/- for funeral expenses.
14. Accordingly, the compensation amount comes as under: Sl. No.Heads of Compensation 1. Loss dependency Loss of love and Rs. 25,000/- 2. MAC.APP.950/2012 Compensation granted by Tribunal of Rs.5,66,496/- Compensation ld. granted by this Court Rs.8,49,744/Rs.1,00,000/Page 4 of 5 3. affection Loss of estate Rs. 5,000/- Rs. 5,000/- 4. Loss of consortium Rs. 10,000/- Rs.1,00,000/- 5. For expenses TOTAL Rs. 25,000/- funeral Rs. 5,000/Rs.6,16,496/- Rs.10,79,744/- 15. Accordingly, the total compensation is assessed at Rs.10,79,744/-.
16. Hence, the compensation is enhanced to Rs.4,63,248/- (Rs.10,79,744/- - Rs.6,16,496/17. The enhanced compensation shall carry interest @ 7.5% per annum from the date of filing of the claim petition till realization of the amount.
18. Accordingly, the respondent No.2/ Insurance Company is directed to deposit the enhanced amount with upto date interest accrued thereon with the Registrar General of this Court within a period of six weeks from today, failing which, appellant/claimant shall be entitled for penal interest @ 12% per annum on account of delayed payment.
19. On deposit, the Registrar General is directed to release the amount in favour of the claimants in terms of the award dated 28.03.2012 passed by the learned Tribunal.
20. In view of the above, the appeal is allowed. SURESH KAIT, J.
MARCH13 2014 Sb/RS