SHRI CHAND NARAN JASUJA & ANR & Ors. v. Delhi Transport Corporation & Anr.

SHRI CHAND NARAN JASUJA & ANR ..... Respondents Through: Mr. Manoj R. Sinha, Advocate the Respondent No.2 Insurance Company. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL J U D G M E N T G. P. MITTAL, J. (ORAL)

The Appellant seeks enhancement of compensation of ‘18,75,408/- awarded for the death of Karan Veer Singh Yadav who died in an accident which occurred on 26.07.2006. It is not in dispute that the deceased was working as a Personal Assistant in Prime Minister’s Office. Evidence has been led MAC. APP. No.222/2010 that he had good future prospects. The Claims Tribunal took the deceased’s income to be ‘17,552/- on the ground that the deceased’s actual income on the date of the death is to be taken into consideration. The Claims Tribunal misinterpreted the words “actual income of the deceased at the time of death” used in Sarla Verma & Ors. v. Delhi Transport Corporation & Anr, (2009) 6 SCC 121. If the salary is revised retrospectively, the revised salary on the date of death becomes the actual income. The certificate Ex.PW1/A shows that the deceased’s salary on the date of the death was ‘19,380/- per month which comes to ‘2,32,560/-. The deceased had a liability to pay income tax amount to ‘19,200/- thereon. Considering his age i.e. 48 years, 30% addition was required to be made in the deceased’s salary towards future prospects for the purpose of computing the loss of dependency. The loss of dependency thus comes to ‘ 24,03,856/- (‘19,380 X 12 – 19200 (Income Tax) + 30% X 13 X 2/3).

Loss of love and affection cannot be ‘30,000/-. The Supreme Court in Sunil Sharma v. Bachitar Singh (2011) 11 SCC 425 and in Baby Radhika Gupta v. Oriental Insurance Company Limited (2009) 17 SCC 627 granted only ‘25,000/- (in total to all the claimants) under the head of loss of love and affection. I would follow the same. The compensation under the head of loss of love and affection is reduced from ‘30,000/- to ‘25,000/-. MAC. APP. No.222/2010

The overall compensation is re-computed as under: S.No. Head Compensation Loss of Dependency Granted by the Claims Tribunal ‘18,25,408/- Granted by this Court ‘24,03,856/- Loss of Love and ‘30,000/- ‘25,000/- Affection Loss of Consortium ‘10,000/- Funeral Expenses Loss to Estate ‘5,000/- ‘5,000/- Total ‘18,75,408/- ‘10,000/- ‘10,000/- ‘10,000/- ‘24,58,856/-R

The overall compensation is enhanced from ‘18,75,408/- to ‘24,58,856/- which shall carry interest @ 7.5% per annum from the date of filing of the Petition till the date of payment. The Respondent No.2 Insurance Company is directed to deposit the enhanced amount along with interest within 30 days with the Registrar General of this Court. The entire enhanced amount of compensation shall enure for the benefit of the deceased’s widow i.e. the First Appellant. 25% of the enhanced amount along with proportionate interest shall be released forthwith on deposit. Rest of the amount shall be MAC. APP. No.222/2010 held in Fixed Deposit for a period of one, two and three years respectively in equal sum.