Simarjit Kaur & Ors. v. Ram Murti Singh & Ors.

1. The present appeal is directed against the award dated 21st November, 2012 whereby learned Tribunal has awarded compensation for a sum of Rs.17,98,000/- with interest at the rate of 9% per annum from the date of filing the claim petition till realization.

2. Vide the present appeal, the appellants seek enhancement of the compensation award amount, as noted above.

3. Counsel appearing on behalf of the appellants has argued the sole ground that age of the deceased Baljinder Singh was 28 years on the date of accident, i.e. 23rd July, 2012, despite, that the learned Tribunal has added 30% towards future prospects. 2013:DHC:5770

4. To strengthen his argument, counsel has relied upon the case of Rajesh versus Raj Bir Singh, 2013 (6) SCALE 563 decided on 12th April, 2013, the relevant para reads as under:-

5. Ld. Counsel submits that keeping in view age of the deceased as 28 years, Ld. Tribunal should have added 50% towards future prospects.

6. On the other hand, counsel appearing on behalf of the respondent/Insurance Company submits that keeping in view the dictums of Sarla Verma Vs. DTC and Ors. 2009 (6) SCC 121 the learned Tribunal has rightly added 30% towards future prospects.

7. The issue of future prospects is no more res integra and same has been decided in Rajesh & Anrs. (supra), which has been followed by this Court in case of ICICI Lombard General Insurance Co. Ltd. Vs. Angrej Singh & Ors. in MAC Appeal 846/2011 decided on 30.09.2013.

8. Therefore, keeping in view the dictum of Rajesh & Anrs. (supra), I accordingly award 50% towards future prospects.

9. Accordingly, the compensation comes as under:- Loss of Dependency Rs.9886.5X12X17 = Rs.20,16,846/- Loss of Estate Rs.10,000/- Loss of Consortium Rs.10,000/- Loss of Love and Affection Rs.25,000/- Funeral Expense Rs.5,000/- Total Compensation Rs.20,66,846/- Rounded of to Rs.20,66,850/-.

10. Thus, enhanced compensation comes to Rs.2,68,850/-.

11. The appellants/claimants are entitled for the enhanced compensation amount along with 9% interest from the date of filing of the petition till realisation.

12. The Respondent/Insurance Company is directed to deposit the enhanced amount along with interest within five weeks from today with the interest @ 12% for the delayed payment.

13. On depositing the enhanced amount, same shall be released in favour of the appellants/claimants as per the award passed by the Tribunal. Since appellant No.4 has been expired, therefore, his share shall be released in favour of Ms. Simranjeet Kaur, wife of deceased Shri Baljinder Singh.

14. In view of the above, the appeal is allowed.