Urmila v. United India Insurance Co. Ltd.

1. The present appeal is preferred for enhancement of the award dated 15.05.2012, whereby the learned Tribunal has awarded a total compensation of Rs.10,05,000/- with interest at the rate of 9% per annum in favour of the appellants/claimants.

2. Learned counsel appearing on behalf of the appellants has argued that though the learned Tribunal has considered salary of the deceased as 2013:DHC:4663 Rs.10,000/- per month, however, failed to grant any compensation towards future prospects as the age of the deceased was 20 years at the time of accident, i.e., 08.08.2010. Further submitted that the compensation granted towards non-pecuniary heads, i.e., Rs.25,000/- for loss of love and affection and Rs.10,000/- for funeral expenses is also on a lower side.

3. To support his arguments, learned counsel, while relying upon the case of Rajesh & Ors. Vs. Rajbir Singh (2013) SCALE 56 decided by the Full Bench of the Supreme Court, has submitted that in the present case, the deceased was only 20 years of age, therefore, in view of dictum of Rajesh (supra), the learned Tribunal ought to have granted 50% towards future prospects beside compensation of Rs.1,00,000/- for loss of love and affection and Rs.25,000/- towards funeral expenses.

4. On the other hand, learned counsel appearing on behalf of the respondent No.1/Insurance Company has submitted that since the appellants/claimants have failed to establish that the deceased was in a permanent job, therefore, keeping in view the dictum of Sarla Verma Vs. DTC and Ors. 2009 (6) SCC 121, the learned Tribunal has rightly not granted any compensation towards future prospects.

5. Learned counsel further submitted that there is no discrepancy in awarding compensation of Rs.25,000/- for loss of love and affection and Rs.10,000/- for funeral expenses.

6. I note, appellant No.1 Smt. Urmila, mother of the deceased, who appeared as PW[1] has proved the post-mortem report as Ex.PW1/1, death certificate as Ex.PW1/2, birth certificate as Ex.PW1/3, certificate of the employer mark ‘A’, Election I-card as Ex.PW1/4 and 5 and ration card as Ex.PW1/6.

7. Moreover, appellants/claimants have also examined one Chaman Lal as PW[2],who deposed that he is the partner of the workshop ‘Chaman and Tita’. He brought the original register showing attendance and cash payment to the deceased and stated that deceased was a car mechanic and used to get salary of Rs.10,000/- per month in cash. He also placed on record the photocopy of the register Ex.PW2/a (colly).

8. In view of the facts noted in foregoing Paras, it is proved that the appellants/claimants have proved the salary by producing the original documents pertaining to the salary received by the deceased. Therefore, the learned Tribunal has rightly considered the salary of the deceased as Rs.10,000/- per month.

9. Keeping in view the dictum of Rajesh (supra), the appellant/claimants are entitled for 50% towards future prospects, Rs.1,00,000/- for loss of love and affection and Rs.25,000/- for funeral expenses. Hence, I order accordingly.

10. Consequently, after taking 50% towards future prospects, the compensation on account of loss of dependency comes to Rs.14,40,000/- (Rs.7500 X 12 X 16).

11. In view of the above, the compensation amount come as under:- Sr. No. Heads of Compensation By the ld. Tribunal By this Court

1. Loss of dependency Rs.9,60,000/- Rs.14,40,000/-

2. Loss of love and affection Rs. 25,000/- Rs. 1,00,000/-

3. Funeral expenses Rs. 10,000/- Rs. 25,000/-

4. Loss of estate Rs. 10,000/- Rs. 10,000/- Total Rs.10,05,000/- Rs.15,75,000/-