Full Text
HIGH COURT OF DELHI
Date of Decision: 15th May, 2018
KAMLESH ..... Appellant
Through: Mr. S.N. Parashar, Advocate
Through: Mr. Mudita Sharda and Ms. Gayatri Nandwani, Adv. for R1.
Mr. Sameer Nandwani, Adv. for R3/HDFC.
JUDGMENT
1. The appellants have challenged the award of the Claims Tribunal whereby compensation of Rs.13,79,669/- has been awarded to the appellants.
2. The accident dated 12th October, 2013 resulted in the death of Apoorva Sangal. The deceased was aged 25 years at the time of accident and was self- employed. It was claimed that the deceased was earning Rs.1,84,980/- per annum.
3. The Claims Tribunal took the income of the deceased as Rs.1,72,390/per annum by taking the average of the last two Income Tax returns of the deceased, deducted 1/2 towards personal expenses and applied the multiplier of 13 to compute the loss of dependency as Rs.11,20,535/-. The Claims Tribunal awarded Rs.84,134/- for compensation towards medical bills, Rs.1,00,000/- towards loss of love and affection, Rs.50,000/- towards loss of 2018:DHC:3236 estate and Rs.25,000/- towards funeral expenses. The total compensation awarded is Rs.13,79,669/- along with interest @ 9% per annum.
4. Learned counsel for the appellants urged at the time of hearing that future prospects have not been taken into consideration by the Claims Tribunal and a lower multiplier of 13 has been applied instead of 18 according to the age of the deceased. Reliance is placed on National Insurance Co. Limited vs. Pranay Sethi and Ors. 2017 SCC Online SC
1270.
5. Learned counsel for respondent No.3 submits that the compensation of Rs.1,00,000/- towards loss of love and affection is no more a permissible head. It is further submitted that the compensation for loss of estate and funeral expenses be reduced to Rs.15,000/- each in terms of National Insurance Co. Limited vs. Pranay Sethi and Ors. 2017 SCC Online SC
1270.
6. This Court is satisfied that future prospects of 40% have to be taken into consideration and the multiplier of 18 has to be applied according to the age of the deceased. Taking the income of the deceased as Rs.1,72,390/- per annum, adding 40% towards future prospects, deducting 50% towards personal expenses and applying the multiplier of 18, the loss of dependency is computed as Rs.21,72,114/-. The compensation of Rs.1,00,000/- towards loss of love and affection is no more permissible and is, therefore, set aside. The compensation towards loss of estate and funeral expenses are reduced to Rs.15,000/- each. Adding Rs.84,134/- towards medical expenses, Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses, the total compensation is computed as Rs.22,86,248/-.
7. The appeal is allowed and compensation amount is enhanced from Rs.13,79,669/- to 22,86,248/- along with interest @ 9% per annum from the date of institution of the claim petition i.e. 02nd January, 2014. The enhanced amount be deposited by respondent No.3 with the Registrar General of this Court within four weeks from today.
8. List for disbursement of the enhanced award amount on 02nd August,
2018.
9. The appellants shall remain present in Court on the next date of hearing along with the passbooks of their savings bank accounts near the place of their residence as well as PAN card and Aadhaar card. The concerned banks of the appellants No.1 and 2 are directed not to issue any cheque book or debit card to appellants No.1 and 2 and if the same have already been issued, the banks are directed to cancel the same and make an endorsement on their passbooks to this effect. The appellants No.1 and 2 shall produce the copy of this order to the concerned bank, whereupon the bank shall make an endorsement on the passbooks of appellants No.1 and 2 that no cheque book and/or debit card shall be issued to appellants No.1 and 2 without the permission of this Court. However, the concerned bank shall permit appellants No.1 and 2 to withdraw money from their savings bank accounts by means of a withdrawal form. The appellants No.1 and 2 shall produce the original passbooks of their individual savings bank accounts with the necessary endorsement on the next date of hearing.
10. Copy of this judgment be given dasti to learned counsels for the parties under signature of Court Master. MAY 15, 2018 J.R.MIDHA, J. ak