Om Prakash & Ors. v. Ved Prakash & Anr

1. Allowed, subject to just exceptions. CM Appl. 3414/2020

2. The delay in seeking the substitution is condoned. Application is disposed of. CM Appl. 3412/2020

3. The application is allowed and the legal representatives of appellant No.2 are substituted in place of appellant No.2. The amended memo of parties is taken on record. MAC.APP. 114/2019 & CM Appl. 2349/2019

4. The appellants have challenged the award dated 07th October, 2017 2020:DHC:591 whereby the Claims Tribunal has awarded compensation of Rs.12,80,000/to the appellants against respondents No.1.

5. The accident dated 01st August, 2010 resulted in the death of 24 persons travelling in Truck No.HR-55E-2307. This case relates to the death of Kapil Yadav aged 22 years who was survived by his widow, parents and minor son. It was claimed that the deceased was earning Rs.15,000/- in a private job. The Claims Tribunal took the minimum wages of Rs.6,448/- as income of the deceased, deducted 1/4th towards his person expenses and applied the multiplier of 18 to compute the loss of dependency as Rs.10,44,576/-. The Claims Tribunal awarded Rs.[1] lakh towards loss of love and affection, Rs.[1] lakh towards loss of consortium, Rs.10,000/towards loss to the estate and Rs.20,000/- towards funeral expenses. Total compensation awarded is Rs.12,80,000/-. The Claims Tribunal exonerated the insurance company and passed the award against respondent No.1.

6. Learned counsel for the appellants urged at the time of the hearing that 16 claim petitions were filed relating to the accident and the Claims Tribunal passed a common awarded 07th October, 2017. All the claimants challenged the common award in appeal before this Court. Vide judgment dated 27th July, 2018 in MAC. APP. 82/2018, 83/2018, 84/2018, 87/2018 and 90/2018, this Court held the insurance company liable to pay the award amount to the claimants in the first instance and granted recovery rights to insurance company against the owner. The insurance company challenged the aforesaid judgment before the Supreme Court but the same was dismissed. Vide judgment dated 25th July, 2019 in MAC. APP. 785/2018, MAC. APP. 1063/2018, MAC. APP. 790/2018, MAC. APP. 103/2019, MAC. APP. 1076/2018, MAC. APP. 51/2019, MAC. APP. 323/2019, MAC. APP. 324/2019 and MAC. APP. 328/2019 this Court enhanced the compensation and held the insurance company liable to pay the compensation to the claimants in the first instance and thereafter recover it from the owner. Both these judgments are relevant for this case.

7. Learned counsel for the appellants further urged at the time of the hearing that the Claims Tribunal has not considered the future prospects of 40% while computing the compensation. Learned counsel for the appellants seeks enhancement of the compensation for the non-pecuniary heads.

8. There is merit in the contention urged by learned counsel for the appellants. The appellants are entitled to the addition of 40% under the head of future prospects. The appellants are also entitled to compensation of Rs.50,000/- each for loss of love and affection and Rs.40,000/- each for loss of consortium.

9. Taking the income of the deceased as Rs.6,448/- per month, adding 40% towards future prospects, deducting ¼ towards personal expenses and applying the multiplier of 18, the loss of dependency is computed as Rs.14,62,500/- (Rs.14,62,406.[4] rounded of). Adding Rs.2,00,000/- (Rs.50,000/- each) towards loss of love and affection, Rs.1,60,000/- (Rs.40,000/- each) towards loss of consortium, Rs.15,000/- towards loss to estate and Rs.15,000/- towards funeral expenses, the total compensation is computed as Rs.18,52,500/-

10. This appeal is allowed and the compensation awarded by the Claims Tribunal is enhanced from Rs.12,80,000/- to Rs.18,52,500/- along with interest at the rate of 9% per annum from the date of filing of the claim petition till realization. Respondent No.2 is held liable to pay the compensation amount in the first instance with right to recover the same from respondent No.1. Pending application is disposed of.

11. Respondent No.2 is directed to deposit the enhanced compensation amount along with interest with the Registrar General of this Court within four weeks.

12. List for disbursement of enhanced compensation amount as a partheard matter on 27th March, 2020.

13. Appellants No.1, 3 and 4 shall remain present in Court on the next date of hearing along with along with passbooks of their savings bank accounts near the place of their residence as well as PAN card and Aadhaar card.

14. The concerned bank is directed not to issue any cheque book and/or debit card to the appellants No.1, 3 and 4 and if the same has already been issued, the concerned bank is directed to cancel the same and make an endorsement on the passbook that no cheque book or debit card shall be issued to appellants No.1, 3 and 4 without the permission of this Court. Appellants No.1, 3 and 4 shall produce the copy of this order before the concerned bank whereupon the bank shall make an endorsement on the passbooks. Appellants No.1, 3 and 4 shall produce the original passbooks with the necessary endorsement on the next date of hearing.

15. Copy of this judgment be given dasti to counsel for the parties under signatures of Court Master. J.R. MIDHA, J. JANUARY 28, 2020 ds