66. So far as loss of love and affection is concerned,
Hon'ble High Court of Delhi in the case of New India
Assurance Company Ltd. Vs. Bharat Singh: MAC Appeal No.
137/12, dated 08.08.2012 has held that when full
compensation towards loss of dependency is granted, only a
nominal sum is to be awarded towards loss of Love and
Affection.
In Ganga Devi (supra) where the deceased was to be awarded
MBBS Degree in a short time Hon'ble Delhi High Court took
potential income of the deceased as Rs. 18,000/ per month, in
Bharat Singh (supra) where the deceased scored 87% marks in
12th examination and got admission in Aurobindo College in
Delhi University, her potential income was assessed at Rs.
MACT No. 524/09, 525/09, 526/09 & 528/09 19 of 29
15,000/ per month, in Sumitra Sharma (supra) where
deceased scored 89.3% marks in 12th examination and 97%
marks in mathematics, qualified CEET 2005 Test and got
admission in the Institute of Technology & Management,
Faridabad, her potential income was assessed at Rs. 17,940/
per month and in Sheela Devi (supra) where deceased was
third year student of Electronics & Communication
Engineering at Amity School of Engineering & Technology
Bijwasan, New Delhi, potential income of deceased was taken
as Rs. 20,000/ per month.
49. So far as loss of love and affection is concerned,
Hon'ble High Court of Delhi in the case of New India
Assurance Company Ltd. Vs. Bharat Singh: MAC Appeal No.
137/12, dated 08.08.2012 has held that when full
compensation towards loss of dependency is granted, only a
MACT No. 44/12/10 Smt. Poonam & Ors. v. Sh. Amit Kumar & Ors. Page 11 of 15
nominal sum is to be awarded towards loss of Love and
Affection.
68. So far as loss of love and affection is concerned,
Hon'ble High Court of Delhi in the case of New India
Assurance Company Ltd. Vs. Bharat Singh: MAC Appeal No.
137/12, dated 08.08.2012 has held that when full
compensation towards loss of dependency is granted, only a
nominal sum is to be awarded towards loss of Love and
Affection.
22. He was only an average student and had learnt only
basics of computers. Potential income of victim was taken in Ganga
Devi (Supra) where deceased was to be awarded MBBS degree in a
short time; in Ramesh Chand Joshi (Supra) where deceased was
pursuing professional course in a prestigious Delhi College of
Engineering; in Bharat Singh (Supra) where deceased was
meritorious student and got admission in Aurobindo College, Delhi
MACT 570/06 Saroj Bala Vs. Govind 10/20
University and in Sumitra Sharma (Supra) where deceased was a
brilliant student and had qualified CEET2005 and got admission in
Institution of Technology & Management, Faridabad.
60. So far as, Loss of Love and Affection is concerned,
Hon'ble High Court of Delhi in the case of New India Assurance
Company Ltd. Vs. Bharat Singh: MAC Appeal No. 137/12, dated
08.08.2012 has held that when full compensation towards loss of
dependency is granted, only a nominal sum is to be awarded towards
loss of Love and Affection. The trend of the Hon'ble High Courts and the
Hon'ble Supreme Court is to grant a compensation of Rs. 25,000/ for
MACT No. 139/12/11 Smt. Dhanpati & Ors. Vs. General Manager Haryana Roadways & Ors. Page 11 of 14
Loss of Love and Affection.
1 Loss of dependency (4845*17*12) = Rs. 9,88,380/
MACP No. 18/09
( Page no 8 of 8)
-:9:-
Joginder vs. M/s. Vikas Road Carriers
2 Loss of Love and affection* = Rs. 25,000/
3 For funeral expenses = Rs. 10,000/
4 Loss of estate = Rs. 10,000/
5 Loss of consortium = Rs. 10,000/
____________________________________________________________________
Total Rs. 10,43,380/
(Rupees Eleven Lakhs, Eighteen thousand, three hundred and eighty only)
*Under the head of loss of love and affection only Rs.25,000/ (in total to all the
claimants) is granted after relying up on the judgment of our own Hon'ble High Court in
MAC APP. 137/2012 titled as New India Assurance co. Ltd. vs. Bharat Singh decided on
08.08.2012 wherein observed that when full compensation is awarded towards loss of
dependency then only a nominal sum is to be awarded under the aforesaid heads.