Nanhi & Ors. v. United India Insurance Co. Ltd. & Ors.

1. Instant appeal has been preferred against the impugned award dated 06.02.2013, whereby ld. Tribunal has granted compensation for a sum of Rs.8,62,534/- with interest @ 7.5% per annum from the date of filing of the petition till realization.

2. Vide the present appeal, appellants are seeking enhancement of the compensation amount as noted above.

3. Ld. Counsel appearing on behalf of the appellants / claimants argued that the claimants failed to prove the salary certificate, therefore ld. Tribunal has considered the monthly income of the deceased as Rs.5,278/- as per the 2013:DHC:6423 minimum wages applicable to a unskilled person on the date of accident.

4. Ld. Counsel submits that the age of the deceased on the date of accident was 30 years. Despite that the ld. Tribunal has not added future prospects in the income of the deceased.

5. Ld. 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:

6. Ld. Counsel further submits that there were five dependents at the time of death of the deceased. However, the mother of the deceased died during the pendency of the appeal. Therefore, four legal representatives are left as dependents.

7. He further submits that ld. Tribunal has granted compensation as Rs.25,000/- towards loss of love and affection, Rs.10,000/- towards loss of consortium and Rs.10,000/- towards funeral expenses, which are on a very lower side. He submits that keeping in view the observation made by the Apex Court in Rajesh (Supra) the amount has to be enhanced as Rs.1,00,000/- for loss of love and affection, Rs.1,00,000/- for loss of consortium and Rs.25,000/- towards funeral expenses.

8. On the other hand, ld. Counsel appearing on behalf of the respondent / insurance company submits that claimants failed to prove the income of the deceased as he was not on a permanent employment, therefore, ld. Tribunal has considered Rs.5,278/- as the income of the deceased as per the minimum wages applicable to a unskilled person at the relevant time, thus ld. Tribunal rightly not added future prospects. Ld. Counsel has relied upon a case of Sarla Verma Vs. DTC and Ors. 2009 (6) SCC 121which 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.

9. As the issue of future prospects is concerned, this issue is no more res-integra as has been decided by the Full Bench of the Apex Court in the case of Rajesh (Supra) and the same has been followed by this Court in the case of MACA No.846/2011 titled as ICICI Lombard General Insurance Co. Ltd. Vs. Angrej Singh & Ors.

10. In the case in hand, deceased was 30 years of age at the time of accident therefore he is entitled for 50% towards future prospects.

11. As the compensation towards non-pecuniary benefits are concerned, ld. Tribunal has taken into consideration 5 dependents, i.e., wife, three minor children and mother, despite, granted compensation on a lower side.

12. Presently, there are four dependents as the mother of the deceased died during the pendency of the appeal. Therefore, I enhance compensation towards loss of love and affection as Rs.1,00,000/-, Rs.1,00,000/- for loss of consortium and Rs.25,000/- towards funeral expenses.

13. Therefore, the compensation comes as under: Heads of compensation Compensation granted by the ld. Tribunal Compensation granted by this Court. Loss of dependency Rs.8,07,534/- Rs.12,11,352/- Compensation for loss of love and affection Rs.25,000/- Rs.1,00,000/loss of consortium Rs.10,000 Rs.1,00,000/loss of Estate Rs.10,000/- Rs.10,000/- Compensation towards funeral expenses Rs.10,000/- Rs.25,000/- TOTAL Rs.8,62,534/- Rs.14,46,352/-

14. Hence, the enhanced compensation comes to Rs.5,83,818 (Rs.14,46,352 – Rs.8,62,534), which shall also carry interest @ 7.5% per annum from the date of filing of the petition till realization.