Sanjeev Kumar & Anr v. Hawa Singh & Ors

INDERMEET KAUR, J. SEPTEMBER L4,2O1.L a lt MAC Appeal No 176/201L &L781201.r Page 5 ofS

F'$"* F^' * IN THE HIGH COURT OF DELHI A'T NEW DELHI % Date ofJudgment: 1.4.09.2011 + MAC APPeal No L7812O1L SANJEEV KUMAR & ANOTHER ..Appellants Through: Mr. Manish Maini, Advocate. Versus HAWA SINGH & OTHERS ..........Respondents Through: Ms. Suman Bagga, Advocate. CORAM: HON'BLE MS. JUSTICE INDERMEET I(AUR '' (t 1. whether the Reporters of local papers may be allowed. to see the judgment? 2. To be referred to the Reporter or not? Yes 3. Whether the judgment should be reported in the Digest? yes INDERMEET KAUR. T. (Oral) I For order see MAC APPEAL No.17612011,. II tr INDERMEET I(AUR, J. SEPTEMBER 1.4,?OLL a a Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. \4" * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date ofJudgment: 14'09'2011 + MAC APPeal No 176120L1 TINKU & OTHERS ..APPeIIants Through: Mr. Manish Maini, Advocate. Versus , HAWA SINGH & OTHERS ..RESPONdENtS Through: Ms. Surnan Bagga, Advocate. AND I MAC Appeal No 178/?011 SANJEEV KUMAR & ANOTHER . '.Appellants Through: Mr. Manish,Maini, Advocate. Versus HAWA SINGH & OTHERS ..RESPONdENIS Through: Ms. Suman Bagga, Advocate. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR L. Whether the Reporters of local papers,may be allowed to see the judgment? 2. To be referred to the Reporter or not? Yes 3. Whether the judgment should be reported in the Digest? ' Yes INDERMEET KAUR, T. (OTAI) L These are two appeals filed by the claimants of two victims. sanieev Kumar is the father of the victim sawan Kumar who was ( MAC Appeal No 176/2011 & 178/2011 Page I of5 u J aged 5 years on the date of the accident. In this case, ihe Tribunal had awarded a sum of Rs.2,80,000/- as damages of which Rs.1-,25,000/- was caiculated as 'loss of dependency', Rs.5,000/- as funeral expenses, pecuniary damages to the.tune of Rs.75,000/- and non pecuniary damages also to the tune of Rs.75,000/-. The Supreme Court in the case of R.,K. Malik and other Vs. Kiran Pal and others 2007 ACJ 2010 has considered the law with regard to compensation to be.awarded in a case of child victim; this has been followed by subsequently by a Bench of this Court in reported in II (2010) ACC 9 National Insurance Compan-v Ltd. Vs. Farzana; in this case the child victim was aged 7 years; a Bench of this Court relying upon the judgm.ent of R.K. Malik (Supra) had awarded a sum of Rs.75,000/- under the head of 'pain and sufferings' and another sum of Rs.75,000 l- for 'loss of future prospects'; this sum of Rs.1,50,000/- was awarded under the head of 'non-pecuniary damages'; income of the child in view of the judgment of R.K. MaLik (Supra) was taken at Rs.i-5,000/- per annum which figure was arrived at after taking guidance from the IInd Schedule of Section L63-A of the Motor Vehicle Act; to this the multiplier of 15 was applied; Rs.2,25,000/- would be the amount under the pecuniary head and thus complied with the sum of Rs.1,50,000/- awarded under the head of 'non-pecuniary q MAC Appeal No 176/201L & L78l20ll Page 2 of5 I/- damages totaling a sum of Rs.3,75,000/-. The Award requires modification on this count. The impugned Award not following this principle has committed an error; the impugned Award is accordingly modified and the'claimants of the child victim are accordingly entitled to Rs.3,75,000/- which is inclusive of the interim award of Rs.50,000/- already paid; this amount shall carry an interest @ 7.5% per annum from the date of filing of the petition till realization. The second part of the Award relates to the claim filed by the legal representatives of deceased Sheela. As per the deposition on oath and in terms of the affidavit filed by the petitioner, deceased Sheela was earning Rs.9,000/- per month; the submission of learned counsel for the appellant that in terms of the salary certificate produced by PW-3 her salary income was evidenced at Rs.18,269/- is clearly beyond the pleading; the petitioner who ip the son of the victim being in