Rajender Jha & Anr v. Jai Prakash & Ors

1. The appellant has challenged the award dated 23rd September, 2017 whereby the compensation of Rs.11,48,000/- has been awarded to the appellants. The appellants seek enhanced of the compensation amount.

2. The accident dated 16th October, 2013 resulted in the death of Anil Kumar Jha. The deceased was aged 23 years at the time of accident and was working as Technician CSSD in Max Super Specialty Hospital, Shalimar Bagh, Delhi. The Claims Tribunal took the income of the deceased as minimum wages of graduate i.e. Rs.10,686/- per month, deducted one-half towards personal expenses and applied the multiplier of 14 to compute loss of dependency as Rs.8,97,624/-. The Claims Tribunal awarded Rs.1,50,000/towards loss of love and affection, Rs.50,000/- towards loss of estate and 2018:DHC:3019 Rs.50,000/- towards funeral expenses. Total compensation awarded is Rs.11,47,624/- (round off to Rs.11,48,000/-).

3. Learned counsel for the appellant urged at the time of hearing that the Claims Tribunal has not awarded future prospects and the multiplier of 14 has been applied instead of 18 according to the age of deceased.

4. Learned counsel for the respondent No.3 submits that non-pecuniary compensation be reduced to Rs.30,000/- in terms of the principles laid down in National Insurance Co. Limited v. Pranay Sethi, 2017 SCC Online SC

1270.

5. There is merit in the contention urged by the learned counsel for the appellant. Future prospects of 40% are awarded to the appellants and the multiplier is enhanced from 14 to 18 according the principles laid down in Pranay Sethi (supra). However, the non-pecuniary compensation is reduced to Rs.30,000/- (Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses).

6. Taking income of the deceased as Rs.10,686/- per month, adding 40% towards future prospects, deducting 50% towards personal expenses and applying the multiplier of 18, the loss of dependency is computed as Rs.16,15,723/-. Adding Rs.15,000/- towards funeral expenses and Rs.15,000/- towards loss of estate, the total compensation as computed as Rs.16,45,723/-.

7. The appeal is allowed and the compensation is enhanced from Rs.11,47,624/- to Rs.16,45,723/- along with interest @ 9% per annum from the date of institution of the claim i.e. 12th February, 2014.

8. Respondent no.3 is directed to deposit the enhanced award amount with the Registrar General of this Court within 30 days.

9. The appellants shall remain present 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 are directed not to issue any cheque book or debit card to appellants and if the same have already been issued, the bank is directed to cancel the same and make an endorsement on their passbooks to this effect. The appellants shall produce the copy of this order to the concerned bank, whereupon the bank shall make an endorsement on the passbooks of the appellants that no cheque book and/or debit card shall be issued to appellants without the permission of this Court. However, the concerned bank shall permit appellants to withdraw money from their savings bank account by means of a withdrawal form. The appellants shall produce the original passbook of their individual savings bank account with the necessary endorsement on the next date of hearing.

10. List on 24th July, 2018.

11. Copy of this judgment be given dasti to counsels for the parties under the signature of Court Master. MAY 08, 2018 J.R.MIDHA, J. Pallavi