Suhail & Ors. v. Vijay Singh & Ors.

23 SUHAIL & ORS..... Appellants Through: Mr. Munish Kumar Sharma, Adv.

VERSUS

VIJAY SINGH & ORS (RELIANCE GENERAL INSURANCE CO LTD )..... Respondents Through: Mr. Rajeev M. Roy and Mr. P. Sirnivasan, Advs. for R[3]. + MAC.APP. 200/2018 24 SUHAIL & ORS..... Appellants Through: Mr. Munish Kumar Sharma, Adv.

VERSUS

VIJAY SINGH & ORS ( RELIANCE GENERAL INSURANCE CO LTD )..... Respondents Through: Mr. Rajeev M. Roy and Mr. P. Sirnivasan, Advs. for R[3]. CORAM: HON'BLE MR.

JUSTICE J.R. MIDHA JUDGMENT (ORAL)

1. The appellants have challenged the awards of the Claims Tribunal whereby compensation of Rs.11,95,000/- has been awarded in respect of death of Aslam (the father of the appellants) and Rs.11,95,000/- has been awarded in respect of death of Kamarjahan (the mother of the appellants). 2018:DHC:3605

2. The accident dated 05th July, 2014 resulted in the death of Aslam and his wife, Kamarjahan. Both the deceased persons were aged 32 years and were survived by their four minor children namely Suhail, Mehsarjahan, Faijan and Arman.

3. In both the claims, the Claims Tribunal took the minimum wages of Rs.7,341/- per month as income of the deceased; deducted 1/4th towards the personal expenses of deceased and applied the multiplier of 16 to compute the loss of dependency as Rs.10,57,104/-. The Claims Tribunal awarded Rs.1,00,000/- towards loss of love and affection, Rs.10,000/- towards loss of estate and Rs.25,000/-towards funeral expenses. The Claims Tribunal awarded total compensation of Rs.11,95,000/- in respect of each of the claims.

4. Learned counsel for the appellant urged at the time of hearing that future prospects have not been taken into consideration in terms of National Insurance Co. Limited vs. Pranay Sethi and Ors. 2017 SCC Online SC

1270.

5. Learned counsel for respondent No.3 submits that compensation for loss of love and affection is no more a permissible head and be set aside and the compensation of loss of estate and funeral expenses be awarded in terms of the principles laid down in National Insurance Co. Limited vs. Pranay Sethi and Ors. (Supra).

6. This Court is of the view that the claimants are entitled to the addition of 40% of the future prospects in terms of the principles laid down in National Insurance Co. Limited vs. Pranay Sethi and Ors. (Supra). However, the compensation of Rs.1,00,000/- awarded towards loss of love and affection is no more a permissible head and is liable to be set aside. The compensation of loss of estate and funeral expenses has to be restricted to Rs.15,000/- each.

7. Taking the income of both the deceased as Rs.7,341/- per month each, adding 40% towards future prospects, deducting 1/4th towards personal expenses and applying multiplier of 16, the loss of dependency in both the cases is computed as Rs.14,79,945.[6] each. Adding Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses, the total compensation is computed as Rs15,09,945.6.

8. Both the appeals are allowed and the compensation amount is enhanced from Rs.11,95,000/- to Rs15,09,945.[6] rounded-off to Rs15,10,000/- in MAC.APP.199/2018 and from Rs.11,95,000/- to Rs15,09,945.[6] rounded-off to Rs15,10,000/- in MAC.APP.200/2018 along with interest @ 9% per annum.