Full Judgment Text
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
% Judgment delivered on: 6 November, 2013
+ MAC.APP. 907/2011
ROYAL SUNDARAM ALLIANCE INSURANCE
CO LTD ..... Appellant
Represented by: Ms. Suman Bagga, Adv.
versus
LAJWANTI & ORS. ..... Respondents
Represented by: Mr. Saran Suri and
Mr. Gunjan Kumar, Advs.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Instant appeal has been preferred against the impugned award
dated 15.07.2011, whereby ld. Tribunal has awarded compensation for a
sum of Rs.26,47,500/- with interest @ 7.5% per annum from the date of
filing of the petition till the date of realization.
2. Ld. Counsel appearing on behalf of the appellant has argued that the
deceased was 47 years of age at the time of accident, despite that ld.
Tribunal has granted 50% towards future prospects.
MAC.APP. 907/2011 Page 1 of 4
3. To strengthen the arguments, ld. Counsel appearing on behalf of the
appellant has relied upon Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013
(6) SCALE 563 .
Ld. Counsel appearing on behalf of the respondents / claimants do not
dispute the legal proposition set by the counsel for the appellant.
4. Therefore, keeping in view the dictum of Rajesh (Supra) , I modify
the impugned award and reduce the future prospects from 50% to 30%.
5. Ld. Counsel for the appellant has further argued that there were 3
dependents, i.e., wife and two sons as the daughter of the deceased already
got married during the pendency of the petition and father of the deceased
also died during the pendency of the petition. Therefore, ld. Tribunal should
rd th
have deducted 1/3 instead of 1/4 on account of personal expense.
6. Ld. Counsel appearing on behalf of the respondents / claimants does
rd
not dispute this issue also. Accordingly, I modify the award and deduct 1/3
th
towards personal expenses instead of 1/4 .
7. Third issue argued by the ld. Counsel for the appellant is that
claimants failed to prove the income of the deceased, despite that ld.
Tribunal assessed Rs.15,000/- per month as income of the deceased.
8. On this issue, on perusal of the award and the record it is emerged that
the deceased was working as an independent contractor and same has been
proved vide letter dated 28.02.2008 Ex.PW1/6 issued by M/s. Offshore
Infrastructure Ltd., address to deceased. Similarly, deceased had issued the
bill of Rs.30,608/- to M/s. Offshore Infrastructure Ltd. A cheque for an
MAC.APP. 907/2011 Page 2 of 4
amount of Rs. 43,902/-, Ex.PW1/7 issued by the aforesaid company to the
deceased, another copy of cheque for Rs.67,291/- of dated 07.05.2008 and
the photocopy of the passbook of the deceased also placed on record
showing his transaction and capacity to earn. Moreover, at the time of
accident, the deceased was laying GI Pipeline in pursuance of a contract
imparted by M/s. Off Shore Infrastructure Ltd. , being contractor. Though
these facts have been disputed, but the appellant has not produced any
material on record or examined any witness contrary to that. On this issue, I
do not find any merit. Accordingly, instant appeal fails on this issue.
Hence, the compensation comes as under:
Income : Rs. 15,000/- p.m.
Future prospects 30% : Rs. 4,500/- p.m.
rd
Personal expenses 1/3 : Rs. 6,500/- p.m.
Loss of dependency : Rs.20,28,000/-
(13,000 x 12 x 13)
Loss of love and affection : Rs. 20,000/-
Loss of consortium : Rs. 25,000/-
Funeral expenses : Rs. 20,000/-
____________
Total : Rs.20,93,000/-
Accordingly, the compensation amount granted is reduced from
Rs.26,47,500 to Rs.20,93,000
9. Consequently, instant appeal is partially allowed and stands disposed
of.
MAC.APP. 907/2011 Page 3 of 4
10. Vide order dated 28.02.2012, Rs. 4 Lakhs was directed to be released
in favour of the respondent no. 1 for herself as well as for the benefit of
other respondents / claimants. Therefore, Registrar General of this court is
directed to release the balance compensation amount alongwith upto date
interest accrued thereon in terms of order dated 15.07.2011 passed by
learned Tribunal in favour of the respondents / claimants on taking necessary
steps by them.
11. Statutory amount along with reduced compensation amount of
Rs.5,54,500/- with proportionate interest be released in favour of the
appellant.
SURESH KAIT, J
NOVEMBER 06, 2013
jg
MAC.APP. 907/2011 Page 4 of 4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
% Judgment delivered on: 6 November, 2013
+ MAC.APP. 907/2011
ROYAL SUNDARAM ALLIANCE INSURANCE
CO LTD ..... Appellant
Represented by: Ms. Suman Bagga, Adv.
versus
LAJWANTI & ORS. ..... Respondents
Represented by: Mr. Saran Suri and
Mr. Gunjan Kumar, Advs.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Instant appeal has been preferred against the impugned award
dated 15.07.2011, whereby ld. Tribunal has awarded compensation for a
sum of Rs.26,47,500/- with interest @ 7.5% per annum from the date of
filing of the petition till the date of realization.
2. Ld. Counsel appearing on behalf of the appellant has argued that the
deceased was 47 years of age at the time of accident, despite that ld.
Tribunal has granted 50% towards future prospects.
MAC.APP. 907/2011 Page 1 of 4
3. To strengthen the arguments, ld. Counsel appearing on behalf of the
appellant has relied upon Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013
(6) SCALE 563 .
Ld. Counsel appearing on behalf of the respondents / claimants do not
dispute the legal proposition set by the counsel for the appellant.
4. Therefore, keeping in view the dictum of Rajesh (Supra) , I modify
the impugned award and reduce the future prospects from 50% to 30%.
5. Ld. Counsel for the appellant has further argued that there were 3
dependents, i.e., wife and two sons as the daughter of the deceased already
got married during the pendency of the petition and father of the deceased
also died during the pendency of the petition. Therefore, ld. Tribunal should
rd th
have deducted 1/3 instead of 1/4 on account of personal expense.
6. Ld. Counsel appearing on behalf of the respondents / claimants does
rd
not dispute this issue also. Accordingly, I modify the award and deduct 1/3
th
towards personal expenses instead of 1/4 .
7. Third issue argued by the ld. Counsel for the appellant is that
claimants failed to prove the income of the deceased, despite that ld.
Tribunal assessed Rs.15,000/- per month as income of the deceased.
8. On this issue, on perusal of the award and the record it is emerged that
the deceased was working as an independent contractor and same has been
proved vide letter dated 28.02.2008 Ex.PW1/6 issued by M/s. Offshore
Infrastructure Ltd., address to deceased. Similarly, deceased had issued the
bill of Rs.30,608/- to M/s. Offshore Infrastructure Ltd. A cheque for an
MAC.APP. 907/2011 Page 2 of 4
amount of Rs. 43,902/-, Ex.PW1/7 issued by the aforesaid company to the
deceased, another copy of cheque for Rs.67,291/- of dated 07.05.2008 and
the photocopy of the passbook of the deceased also placed on record
showing his transaction and capacity to earn. Moreover, at the time of
accident, the deceased was laying GI Pipeline in pursuance of a contract
imparted by M/s. Off Shore Infrastructure Ltd. , being contractor. Though
these facts have been disputed, but the appellant has not produced any
material on record or examined any witness contrary to that. On this issue, I
do not find any merit. Accordingly, instant appeal fails on this issue.
Hence, the compensation comes as under:
Income : Rs. 15,000/- p.m.
Future prospects 30% : Rs. 4,500/- p.m.
rd
Personal expenses 1/3 : Rs. 6,500/- p.m.
Loss of dependency : Rs.20,28,000/-
(13,000 x 12 x 13)
Loss of love and affection : Rs. 20,000/-
Loss of consortium : Rs. 25,000/-
Funeral expenses : Rs. 20,000/-
____________
Total : Rs.20,93,000/-
Accordingly, the compensation amount granted is reduced from
Rs.26,47,500 to Rs.20,93,000
9. Consequently, instant appeal is partially allowed and stands disposed
of.
MAC.APP. 907/2011 Page 3 of 4
10. Vide order dated 28.02.2012, Rs. 4 Lakhs was directed to be released
in favour of the respondent no. 1 for herself as well as for the benefit of
other respondents / claimants. Therefore, Registrar General of this court is
directed to release the balance compensation amount alongwith upto date
interest accrued thereon in terms of order dated 15.07.2011 passed by
learned Tribunal in favour of the respondents / claimants on taking necessary
steps by them.
11. Statutory amount along with reduced compensation amount of
Rs.5,54,500/- with proportionate interest be released in favour of the
appellant.
SURESH KAIT, J
NOVEMBER 06, 2013
jg
MAC.APP. 907/2011 Page 4 of 4