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HIGH COURT OF DELHI
JUDGMENT
ORIENTAL INSURANCE CO. LTD. ..... Appellant
Through: Mr. Pradeep Gaur, Advocate.
Through: Mr. Vishal Soni and Mr. Gurmeet Singh, Advocates for Respondent
Nos. 1 to 6.
MAC.APP. No. 622/2012
1. The present appeal has been preferred against the impugned award dated 27.03.2012, whereby the learned Tribunal while awarding compensation has granted 50% towards future prospects.
2. Learned counsel appearing on behalf of the appellant/Insurance Company submits that at the time of the accident, the age of the deceased was 42 years, therefore, in view of the dictums of Reshma Kumari & Ors. Vs. Madan Mohan & Anr. delivered in Civil Appeal No. 4646 of 2009 on 02.04.2013 and Rajesh & Ors. Vs. Rajbir Singh, 2013 (6) SCALE 563, maximum 30% should have been given towards future prospects. 2013:DHC:3618
3. Learned counsel appearing on behalf of the respondent Nos. 1 to 6/claimants does not dispute the legal position and submits that if the future prospects is reduced from 50% to 30% he has no objection.
4. In view of the above, the future prospects are reduced from 50% to 30%.
5. Learned counsel for the appellant/Insurance Company submits that in the claim petition, though the claimants have claimed salary of the deceased as Rs.10,000/-per month, whereas the learned Tribunal has considered the same as Rs.17,668/- per month.
6. However, perusal of the record reveals that PW[3] Bihari Lal proved the salary certificate Ex.PW3/1 issued by the Depot Manager, Dilshad Garden, Delhi. As per the said salary certificate, the total salary of the deceased Rakesh Kumar was Rs.17,668/- per month. Therefore, I do not find any substance in the submission of the learned counsel for the appellant/Insurance Company.
7. Learned counsel for the respondent Nos. 1 to 6/claimants submits though the claimants have not filed any cross-appeal to the award dated 27.03.2012, but this Court has the power to award just and proper compensation as the learned Tribunal has granted non-pecuniary damages at a very lower side. Only Rs.5,000/- towards funeral expenses and Rs.10,000/- each on account of loss of love and affection and loss of estate have been granted by the learned Tribunal.
8. Learned counsel for the respondent Nos. 1 to 6/claimants further submits that whereas keeping in view the dictum of Rajesh Kumar (supra), the learned Tribunal should been granted Rs.25,000/- towards funeral expenses and Rs.1,00,000/- each towards loss of love and affection and loss of estate.
9. I find force in the submissionS of the learned counsel for the respondent Nos. 1 to 6/claimants.
10. Therefore, in view of the above submissions and keeping in mind the dictum of Rajesh Kumar (supra), the compensation amount would be as under:- Compensation on account of Rs.28,72,674/- Loss of Dependency Funeral expenses Rs. 25,000/- On account of Loss of Love & Rs. 1,00,000/- Affection On account of contribution Rs. 1,00,000/towards Loss of Estate