Full Judgment Text
* IN THE HIGH COURT OF DELHI AT NEW DELHI
nd
Decided on: 22 February, 2012
+ MAC.APP. 468/2011
BAJAJ ALLIANZ GENERAL INSURANCE CO LTD.
.... Appellant
Through: Mr. Rajat Brar, Advocate.
versus
BACCHU SINGH & ORS ..... Respondent
Through: Mr. Rajnish Kumar Jha, Adv.
for R-1 & R-2.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
J U D G M E N T
G. P. MITTAL, J. (ORAL)
1. The Appellant Bajaj Allianz General Insurance Company
Limited seeks reduction of the compensation of ` 22,77,500/-
awarded for the death of Harender Kumar, who was aged 21
years and was a third year student of Govt. Polytechnic
pursuing Diploma in Engineering.
2. The evidence was produced by the Claimants that the deceased
had a brilliant sports record. Without any evidence on record,
the Motor Accident Claims Tribunal (the Claims Tribunal)
assumed that the deceased would have been employed as a
Physical Education Teacher (PET) in any Govt. school and
would have earned an income of ` 20,000/- per month. The
MAC APP 468/2011 Page 1 of 4
Claims Tribunal assumed the deceased’s potential income to be
` 20,000/- and following Sarla Verma & Ors. v. Delhi Transport
Corporation & Anr., (2009) 6 SCC 121, deducted 50% towards
personal living expenses and applied the multiplier of ‘18’. The
Claims Tribunal awarded ` 1,00,000/- towards loss of love and
affection to compute the overall compensation of ` 22,77,500/-.
3. It is urged by the learned counsel for the Appellant that no
evidence was led by the Respondents (Claimants) that the
deceased had a potential for employment as PET. There was no
whisper that the qualification i.e. a Diploma in Engineering
would have enabled him to secure the job of PET.
4. In the case of a student pursing a professional course, the
Tribunal is to consider the potential income of the deceased
after completion of the course. 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 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)
doing internship and was to be awarded MBBS degree in a short
`
time, the Tribunal awarded a compensation of 9,35,352/- on
MAC APP 468/2011 Page 2 of 4
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 in 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,
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. Apart from pursuing the Diploma in Electrical Engineering
from a Govt. Polytechnic, the deceased had a brilliant record in
sports. He represented Delhi State in State Judo Championship
in the year 2005-06. He obtained first position in 1500 mtr.
race in the Annual Sports Meet held by G.B. Pant Polytechnic
th
in the year 2008; he got second position in 6 Sub-Junior Tug-
of-War National Championship; and he obtained third position
in 1500 mtr. race in the year 2007-08 in Inter-Polytechnic
Sports Meet. There are other certificates showing that he was an
excellent sports person. He also obtained Diploma in Software
Engineering from NIIT. These documents were available on
the trial court record though were not specifically proved.
7. In the circumstances, the deceased would have obtained
employment as a Junior Engineer and the fact that he was an
excellent sports person would have accelerated his career
prospects. The Salary of Junior Engineer in the year 2008 was
approximately ` 20,000/- Although the basis for taking the
MAC APP 468/2011 Page 3 of 4
salary of ` 20,000/- as taken by the Claims Tribunal cannot be
accepted, but his potential earning capacity as assumed to be `
20,000/- by the Claims Tribunal cannot be faulted.
8. No other ground has been taken in the Appeal.
9. I am not inclined to interfere with the award. The Appeal is
dismissed.
10. Statutory amount shall also be refunded to the Appellant
Insurance Company.
(G.P. MITTAL)
JUDGE
FEBRUARY 22, 2012
vk
MAC APP 468/2011 Page 4 of 4
nd
Decided on: 22 February, 2012
+ MAC.APP. 468/2011
BAJAJ ALLIANZ GENERAL INSURANCE CO LTD.
.... Appellant
Through: Mr. Rajat Brar, Advocate.
versus
BACCHU SINGH & ORS ..... Respondent
Through: Mr. Rajnish Kumar Jha, Adv.
for R-1 & R-2.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
J U D G M E N T
G. P. MITTAL, J. (ORAL)
1. The Appellant Bajaj Allianz General Insurance Company
Limited seeks reduction of the compensation of ` 22,77,500/-
awarded for the death of Harender Kumar, who was aged 21
years and was a third year student of Govt. Polytechnic
pursuing Diploma in Engineering.
2. The evidence was produced by the Claimants that the deceased
had a brilliant sports record. Without any evidence on record,
the Motor Accident Claims Tribunal (the Claims Tribunal)
assumed that the deceased would have been employed as a
Physical Education Teacher (PET) in any Govt. school and
would have earned an income of ` 20,000/- per month. The
MAC APP 468/2011 Page 1 of 4
Claims Tribunal assumed the deceased’s potential income to be
` 20,000/- and following Sarla Verma & Ors. v. Delhi Transport
Corporation & Anr., (2009) 6 SCC 121, deducted 50% towards
personal living expenses and applied the multiplier of ‘18’. The
Claims Tribunal awarded ` 1,00,000/- towards loss of love and
affection to compute the overall compensation of ` 22,77,500/-.
3. It is urged by the learned counsel for the Appellant that no
evidence was led by the Respondents (Claimants) that the
deceased had a potential for employment as PET. There was no
whisper that the qualification i.e. a Diploma in Engineering
would have enabled him to secure the job of PET.
4. In the case of a student pursing a professional course, the
Tribunal is to consider the potential income of the deceased
after completion of the course. 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 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)
doing internship and was to be awarded MBBS degree in a short
`
time, the Tribunal awarded a compensation of 9,35,352/- on
MAC APP 468/2011 Page 2 of 4
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 in 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,
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. Apart from pursuing the Diploma in Electrical Engineering
from a Govt. Polytechnic, the deceased had a brilliant record in
sports. He represented Delhi State in State Judo Championship
in the year 2005-06. He obtained first position in 1500 mtr.
race in the Annual Sports Meet held by G.B. Pant Polytechnic
th
in the year 2008; he got second position in 6 Sub-Junior Tug-
of-War National Championship; and he obtained third position
in 1500 mtr. race in the year 2007-08 in Inter-Polytechnic
Sports Meet. There are other certificates showing that he was an
excellent sports person. He also obtained Diploma in Software
Engineering from NIIT. These documents were available on
the trial court record though were not specifically proved.
7. In the circumstances, the deceased would have obtained
employment as a Junior Engineer and the fact that he was an
excellent sports person would have accelerated his career
prospects. The Salary of Junior Engineer in the year 2008 was
approximately ` 20,000/- Although the basis for taking the
MAC APP 468/2011 Page 3 of 4
salary of ` 20,000/- as taken by the Claims Tribunal cannot be
accepted, but his potential earning capacity as assumed to be `
20,000/- by the Claims Tribunal cannot be faulted.
8. No other ground has been taken in the Appeal.
9. I am not inclined to interfere with the award. The Appeal is
dismissed.
10. Statutory amount shall also be refunded to the Appellant
Insurance Company.
(G.P. MITTAL)
JUDGE
FEBRUARY 22, 2012
vk
MAC APP 468/2011 Page 4 of 4