Full Judgment Text
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
Date of decision: 26 April, 2012
+ MAC.APP. 20/2011
CHANDRA DEVI & ORS ..... Appellants
Through Mr. S.N. Parashar, Advocate
versus
NEW INDIA ASSURANCE CO LTD & ORS .....Respondents
Through Ms. Neerja Sachdeva, Advocate
for the Respondent No.1
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
J U D G M E N T
G. P. MITTAL, J. (ORAL)
1. On account of clerical mistake, in the order dated 17.04.2012,
the date is wrongly mentioned as 09.10.2012. It shall be read as
26.04.2012.
2. The Appeal is for enhancement of compensation of ` 1,92,630/-
for the death of Kamal Kumar Singh, who died in a motor
accident which occurred on 09.09.2005.
3. It is urged by the learned Counsel for the Appellants that the
deceased was a BCA student giving private tuitions to the
children. Instead of taking minimum wages of a Matriculate,
his potential income after the completion of the course should
MAC. APP. 20/2011 Page 1 of 4
have been considered by the Claims Tribunal for the award of
compensation.
4. In the case of Haji Zainullah Khan (Dead) by Lrs. v. Nagar
Mahapalika, Allahabad, 1994 (5) SCC 667, death of a young
boy, aged 20 years took place in an accident which happened in
the year 1972. The deceased was a student of B.Sc Ist year
(Biology), a compensation of ` 1,46,900/- was increased and
`
rounded off to 1,50,000/-.
5. In Ganga Devi & Ors. v. New India Assurance Co. Ltd. & Ors.,
MAC APP. 359/2008, decided by this Court on 23.11.2009,
which related to the death of a student (studying medicine) who
was doing internship and was to be awarded the MBBS degree
in a short time, the Tribunal awarded a compensation of `
9,35,352/- on the basis of the minimum wages of a Graduate.
This Court observed that although the deceased was getting a
stipend of ` 5,000/- per month at the time of his death due to the
accident, he would have ultimately joined as a doctor at a salary
ranging between ` 16,000/- per month to ` 25,000/- per month.
Thus, the average monthly income of the deceased was taken as
` 18,000/- and after adding 50% towards future prospects, the
`
compensation was enhanced to 21,36,000/-.
6. In Ramesh Chand Joshi v. New India Assurance Company MAC
APP.212-213/2006 decided on 20.01.2010 this Court took the
potential income of a BE (Bio-Technology) First year student of
MAC. APP. 20/2011 Page 2 of 4
Delhi College of Engineer (DCE) ` 38,333/- per month.
7. It was proved on record from the testimony of PW-3 Sumesh
Arora, Administrative Officer, Jaipuria Institute, Vasundara,
Ghaziabad, U.P. and the documents Exs.PW-1/1 and PW-1/2
that the deceased was pursuing BCA from the above stated
Institute. Although, no evidence regarding the placement after
completion of the course was proved on record, yet it can be
assumed that the deceased would have earned a salary at least of
` 10,000/- per month immediately on completion of the course.
8. The deceased’s mother was aged about 66 years at the time of
the accident. Adopting the multiplier of ‘5’, the loss of
dependency would come to ` 3,00,000/- ( ` 10,000/- x 1/2 x 12 x
5).
9. On adding a further sum of ` 45,000/- towards conventional
heads, i.e. ` 25,000/- towards Loss of Love and Affection,
`
10,000/- each towards Loss to Estate and Funeral Charges, the
overall compensation comes to ` 3,45,000/-.
10. The compensation is enhanced from ` 1,92,630/- to ` 3,45,000/-
which shall carry interest @ 8% per annum from the date of
filing of the Petition till the date of payment as granted by the
Claims Tribunal.
11. Respondent No.1 New India Assurance Company Limited is
directed to deposit the enhanced amount along with the interest
MAC. APP. 20/2011 Page 3 of 4
with UCO Bank, Delhi High Court Branch, New Delhi in the
account of Appellant No.2, as the deceased’s mother had died
during the proceedings.
12. The Appeal is allowed in above terms.
(G.P. MITTAL)
JUDGE
APRIL 26, 2012
vk
MAC. APP. 20/2011 Page 4 of 4
th
Date of decision: 26 April, 2012
+ MAC.APP. 20/2011
CHANDRA DEVI & ORS ..... Appellants
Through Mr. S.N. Parashar, Advocate
versus
NEW INDIA ASSURANCE CO LTD & ORS .....Respondents
Through Ms. Neerja Sachdeva, Advocate
for the Respondent No.1
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
J U D G M E N T
G. P. MITTAL, J. (ORAL)
1. On account of clerical mistake, in the order dated 17.04.2012,
the date is wrongly mentioned as 09.10.2012. It shall be read as
26.04.2012.
2. The Appeal is for enhancement of compensation of ` 1,92,630/-
for the death of Kamal Kumar Singh, who died in a motor
accident which occurred on 09.09.2005.
3. It is urged by the learned Counsel for the Appellants that the
deceased was a BCA student giving private tuitions to the
children. Instead of taking minimum wages of a Matriculate,
his potential income after the completion of the course should
MAC. APP. 20/2011 Page 1 of 4
have been considered by the Claims Tribunal for the award of
compensation.
4. In the case of Haji Zainullah Khan (Dead) by Lrs. v. Nagar
Mahapalika, Allahabad, 1994 (5) SCC 667, death of a young
boy, aged 20 years took place in an accident which happened in
the year 1972. The deceased was a student of B.Sc Ist year
(Biology), a compensation of ` 1,46,900/- was increased and
`
rounded off to 1,50,000/-.
5. In Ganga Devi & Ors. v. New India Assurance Co. Ltd. & Ors.,
MAC APP. 359/2008, decided by this Court on 23.11.2009,
which related to the death of a student (studying medicine) who
was doing internship and was to be awarded the MBBS degree
in a short time, the Tribunal awarded a compensation of `
9,35,352/- on the basis of the minimum wages of a Graduate.
This Court observed that although the deceased was getting a
stipend of ` 5,000/- per month at the time of his death due to the
accident, he would have ultimately joined as a doctor at a salary
ranging between ` 16,000/- per month to ` 25,000/- per month.
Thus, the average monthly income of the deceased was taken as
` 18,000/- and after adding 50% towards future prospects, the
`
compensation was enhanced to 21,36,000/-.
6. In Ramesh Chand Joshi v. New India Assurance Company MAC
APP.212-213/2006 decided on 20.01.2010 this Court took the
potential income of a BE (Bio-Technology) First year student of
MAC. APP. 20/2011 Page 2 of 4
Delhi College of Engineer (DCE) ` 38,333/- per month.
7. It was proved on record from the testimony of PW-3 Sumesh
Arora, Administrative Officer, Jaipuria Institute, Vasundara,
Ghaziabad, U.P. and the documents Exs.PW-1/1 and PW-1/2
that the deceased was pursuing BCA from the above stated
Institute. Although, no evidence regarding the placement after
completion of the course was proved on record, yet it can be
assumed that the deceased would have earned a salary at least of
` 10,000/- per month immediately on completion of the course.
8. The deceased’s mother was aged about 66 years at the time of
the accident. Adopting the multiplier of ‘5’, the loss of
dependency would come to ` 3,00,000/- ( ` 10,000/- x 1/2 x 12 x
5).
9. On adding a further sum of ` 45,000/- towards conventional
heads, i.e. ` 25,000/- towards Loss of Love and Affection,
`
10,000/- each towards Loss to Estate and Funeral Charges, the
overall compensation comes to ` 3,45,000/-.
10. The compensation is enhanced from ` 1,92,630/- to ` 3,45,000/-
which shall carry interest @ 8% per annum from the date of
filing of the Petition till the date of payment as granted by the
Claims Tribunal.
11. Respondent No.1 New India Assurance Company Limited is
directed to deposit the enhanced amount along with the interest
MAC. APP. 20/2011 Page 3 of 4
with UCO Bank, Delhi High Court Branch, New Delhi in the
account of Appellant No.2, as the deceased’s mother had died
during the proceedings.
12. The Appeal is allowed in above terms.
(G.P. MITTAL)
JUDGE
APRIL 26, 2012
vk
MAC. APP. 20/2011 Page 4 of 4