Rajni Devi & Ors. v. Dinesh Kumar Somani & Ors.

1. The present appeal is preferred against the impugned award dated 14.07.2011, whereby the learned Tribunal has granted compensation for a sum of Rs.20,68,259/- with interest at the rate of 7.5% per annum from the date of filing of the petition till the notice under Order XXI Rule 1 CPC was given by the Insurance Company.

2. Vide the present appeal, the appellants/claimants are seeking enhancement of the compensation amount as noted above. 2014:DHC:1030

3. Learned counsel appearing on behalf of the appellants/claimants argued that PW[2], Sh.Bhogender Jha, official of the department where deceased was working, has proved the salary slips of the deceased for the months of June, 2010 and July, 2010 as Ex.PW2/7 and PW2/8 respectively, wherein net salary of the deceased has been shown as Rs.15,798/-, which includes conveyance allowance of Rs.3,195/-. He submitted that while assessing the salary of the deceased, the learned Tribunal deducted the said conveyance allowance and accordingly taken the salary of the deceased as Rs.12,603/- per month.

4. Learned counsel further submitted that the learned Tribunal has erred in considering that as per Ex.PW2/7 and PW2/8, gross salary of the deceased was Rs.15,798/-, rather it was his net salary after deducting a sum of Rs.702 towards PF subscription from the gross salary of Rs.16,500/-, as has been shown in the salary slip. He submitted that while assessing the monthly salary of the deceased, the learned Tribunal ought to have added aforesaid sum of Rs.702/- which is part of the salary.

5. Learned counsel also submitted that though the claimants have proved the employment and age of the deceased as he was 29 years old at the time of the accident, despite that the learned Tribunal has not added 50% of the actual income of the deceased towards future prospects.

6. To strengthen his arguments, the learned counsel has relied upon a case of Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563, wherein the Full Bench of the Apex Court has held as under:-

7. On the other hand, learned counsel appearing on behalf of the respondent No.2/Insurance Company has fairly conceded that the deduction of aforenoted sum of Rs.702/- towards PF subscription from the salary of the deceased is incorrect and the same should have been added in the income of the deceased.

8. So far as the issue of future prospects is concerned, learned counsel for the respondent No.2/Insurance Company submitted that since deceased was not in permanent job, therefore, the learned Tribunal keeping in mind the dictum of Sarla Verma & Ors.Vs. DTC & Anr., (2009) 6 SCC121, which has been further affirmed 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, has not added any amount in the actual income of the deceased towards future prospects.

9. As regards the issue of salary is concerned, keeping in view the submissions of both the counsels and material placed on record, monthly salary of the deceased comes to be Rs.13,305/- (Rs.12,603/- + Rs.702/-).

10. The issue of future prospects has been considered 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, wherein relying upon the dictum of Rajesh & Ors. (supra), this Court added 50% of the actual income of the deceased towards future prospects.

11. Therefore, keeping in view the settled position of law and that the deceased was aged 29 years at the time of the accident, I grant 50% of the actual income of the deceased towards future prospects.

12. In view of the above discussion, the compensation amount comes as under:

┌───────────────────────────────────────────────────────────────────────────────────────┐
│   Sl.      Heads of              Compensation   Compensation                          │
│   No.      Compensation          granted by ld. granted by this                       │
│                                  Tribunal       Court                                 │
├───────────────────────────────────────────────────────────────────────────────────────┤
│   1.       Loss               of Rs.19,28,259/- Rs.30,53,497.5                        │
│            dependency                                                                 │
│   2.       For         funeral Rs. 25,000/-         Rs.    25,000/-                   │
│            expenses                                                                   │
│   3.       Loss of love and Rs. 1,00,000/-          Rs. 1,00,000/-                    │
│            affection                                                                  │
│   4.       Loss of consortium Rs. 10,000/-          Rs.    10,000/-                   │
│   5.       Loss to estate        Rs.     5,000/-    Rs.      5,000/-                  │
│            TOTAL                 Rs.20,68,259/-     Rs.31,93,497.5                    │
│          Accordingly, the total compensation amount is assessed as                    │
│ Rs.31,93,497.5.                                                                       │
│ 13.      Resultantly,   the   enhanced    compensation    amount         comes   to   │
└───────────────────────────────────────────────────────────────────────────────────────┘

14. The enhanced compensation amount shall carry interest @ 7.5% per annum from the date of filing of the claim petition till realization of the amount.