Indian Kanoon - Search engine for Indian Law

Delhi High Court

Mithlesh & Anr vs Rajesh Kumar & Ors (Oriental Insurance ... on 28 July, 2017

Author: J.R. Midha

Bench: J.R. Midha

$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                   Date of Decision: 28th July, 2017
+     MAC.APP. 639/2015

      MITHLESH & ANR                                   ..... Appellants
                   Through:           Mr. Navneet Goyal, Adv.
                   versus

      RAJESH KUMAR & ORS
      (ORIENTAL INSURANCE CO LTD)               ..... Respondent
                    Through: Mr. Ashok Mittal and Mr. Rohit
                             Kumar, Advs. for R2.
                             Mr. R.K. Tripathi, Adv. for R3.

      CORAM:
      HON'BLE MR. JUSTICE J.R. MIDHA

                          JUDGMENT (ORAL)

1. The appellants have challenged the award of the Claims Tribunal whereby compensation of Rs.4,22,000/- has been awarded to the appellants. The appellants seek enhancement of the award amount.

2. On 05th April, 2014 at 10th May, 2014 at 12:05 P.M., Sahil Kumar was going from Rohtak to Sonepat on motorcycle bearing No. DL-9SX-4386 near Bhaloth Village when he was hit by truck bearing No.HR-56-8652 which resulted in fatal injuries. The deceased was working as a Assistant Engineer (Production) with HPL Electric & Power Pvt. Ltd. earning Rs.14,000/- per month. The deceased was survived by his parents who filed the claim petition before the Claims Tribunal.

3. The Claims Tribunal took the income of the deceased as Rs.9,000/-

per month, added 50% towards future prospects and assessed loss of estate as Rs.3,000/- per month and applied multiplier of 11 to compute the loss of estate as Rs.5,94,000/- and deducted 50% towards contributory negligence as Rs.2,97,000/-. The Claims Tribunal awarded Rs.1,00,000/- towards love and affection and Rs.25,000/- towards funeral expenses. The total compensation awarded by the Claims Tribunal is Rs.4,22,000/-. The Claims Tribunal held that the deceased to be contributory negligent to the extent of 50% and deducted 50% of the compensation amount.

4. Learned counsel for the appellant urged at the time of hearing that the deceased was not contributory negligent and no evidence was led to establish the same. It is further submitted that the police registered case against the respondent No.1 only. It is submitted that the salary of deceased be taken as Rs.14,045/- and the compensation be computed by adding 50% towards future prospects, deducted 50% towards personal expenses and applying the multiplier of 11.

5. The Trial Court record has been pursued. The criminal case has been registered against the driver of truck. Neither the driver nor the owner of offending vehicle came in the witness box to lead any evidence with respect to the contributory negligent. In that view of the matter, the finding of contributory negligence is not sustainable and is set aside.

6. The deceased was a qualified Engineer working as an Assistant Engineer with HPL Electric & Power Pvt. Ltd. earning Rs.14,045/- per month. The Claims Tribunal has deducted Rs.5,050/- from the income of the deceased which is not justified. The income of the deceased is taken as Rs.14,045/- per month. The deceased was a qualified Engineer and his income would have multiplied many folds. However, the future prospects MAC.APP.639/2015 Page 2 of 4 are restricted to 50%.

7. The Claims Tribunal has held that the parents of deceased are not entitled to loss of dependency on the ground that they are earning. It is well settled that in case of death of unmarried persons, the loss of dependency is assessed by taking the personal expenses as 50% on the basis that the deceased would get married and spend 50% on his wife/children and balance 50% on the parents who would be dependent on their son in their old age. In that view of the matter, the finding of the Claims Tribunal that the parents of the deceased are not entitled to loss of dependency is erroneous. Taking the income of the deceased as Rs.14,045/-, adding 50% towards future prospects, deducting 50% towards personal expenses and applying the multiplier of 11, the loss of dependency is computed as Rs.13,90,455/-. Adding Rs.1,00,000/- towards loss of love and affection and Rs.25,000/- towards funeral expenses, the total compensation is computed as Rs.15,15,455/-. The appeal is allowed and the award amount is enhanced from Rs.4,22,000/- to Rs.15,54,455/- along with interest @ 9% per annum from the date of filing of the claim petition i.e. 9th July, 2014

8. Respondent No.3 is directed to deposit the enhanced award amount with UCO Bank, Delhi High Court Branch by means of a cheque drawn in the name of UCO Bank A/c Mithlesh within four weeks.

9. List for disbursement of the award amount on 15th September, 2017.

10. The claimants shall remain present in Court on the next date of hearing along with passbook of her savings bank account near the place of her residence and Aadhar card as well as PAN card.

11. Copy of this judgment be given dasti to counsels for the parties under the signature of the Court Master.

JULY 28, 2017                                        J.R. MIDHA, J.
ak




MAC.APP.639/2015                                                   Page 4 of 4