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HIGH COURT OF DELHI
JUDGMENT
ISRAEL AND ANR. ..... Appellants
Through: Mr. Navneet Goyal, Adv. with Ms. Mamta Bhardwaj, Adv.
Through: Mr. Vinod Sharma, Adv. for R1 and R2.
Ms. Minakshi Midha, Adv. for R3.
1. Instant appeal has been filed by the appellants for enhancement of the award dated 31.03.2012, whereby, ld. Tribunal has granted a sum of Rs.1,45,000/- for the death of Gulfam in the accident occurred on 22.12.2009.
2. Counsel for the appellant has argued that the ld. Tribunal has failed to consider the future prospects as he died at the age of 18 years.
3. He further argued that on non-pecuniary heads the ld. Tribunal has granted compensation on a very lower side, i.e, Rs.25,000/- towards love and affection, Rs.10,000/- towards loss of estate and Rs.5,000/- towards funeral expenses. 2013:DHC:4156
4. Ld. Counsel further submits that in view of dictum in Rajesh and Ors. v. Rajbir Singh and Ors. 2013 (6) Scale 56, the appellants are entitled for an amount of Rs.1,00,000/- for loss of love and affection and Rs.25,000/towards funeral expenses.
5. I find force in the submission of ld. Counsel for the appellant. Keeping in view the dictum of Rajesh & Ors. (Supra), I enhance Rs.1,00,000/- from Rs.25,000/- for loss of love and affection and Rs.25,000/- from Rs.5,000/- towards funeral expenses.
6. Keeping in view the age of the deceased and as per the dictum of Rajesh and Ors. ( supra), the appellants are entitled for future prospects. Therefore, I grant 50% towards future prospects.
7. Accordingly, the compensation would be as under:- Income of the deceased Rs. 3,500/-p.m. Future prospects (50%) Rs. 1,750/- Personal expenses of deceased (50% ) Rs. 2,125/- Loss of Income Rs. 2,125/- Loss of dependency (Rs.2,125 x 12 x 5) Rs.1,27,500/- Loss of Love & Affection Rs.1,00,000/- Loss of Estate Rs. 10,000/- Funeral Expenses Rs. 25,000/-