Bharo Chaudhary and Anr v. Rakesh Kumar and Ors

SURESH KAIT, J. (Oral)

¶1Vide the instant appeal, appellant has assailed the judgment dated 16.08.2012, whereby, ld. Tribunal has granted total compensation of Rs.3,40,300/- with interest @ 7.5% per annum from the date of filing of the petition till realization.

¶2Instant appeal has been filed for enhancement of the compensation amount.

¶3Ld. Counsel appearing on behalf of the appellant submits that ld. Tribunal has failed to consider the salary of the deceased, who was working as a TSR mechanic and was earning Rs.12,000/- per month at the time of accident.

¶4PW3 Bharo Chaudhary, father of the deceased stated that his son was working as TSR mechanic and was earning Rs.12,000/- per month. He was giving Rs.9,000/- towards household expenses.

¶5During cross-examination, PW3 deposed that he did not have any document regarding earning of the deceased. Further stated that he was working as a labourer and his wife was a housewife.

¶6In view of the contradictory statements of PW3, i.e., father of the deceased and in the absence of proof of salary, ld. Tribunal has considered the salary as Rs.3,500/- per month as per the minimum wages of unskilled persons.

¶7On this issue, I do not find any discrepancy in the order passed by the Ld. Tribunal. Therefore, I affirm the same.

¶8Ld. Counsel for the appellant furthers submits that ld. Tribunal has granted compensation on a very lower side qua non-pecuniary heads. He submits that the compensation on account of loss of love and affection, loss of estate and towards funeral expenses ld. Tribunal has granted Rs.25,000/-, Rs.10,000/- and Rs.5,000/- respectively.

¶9He has relied upon a case of Rajesh and Ors. v. Rajbir Singh and Ors. 2013 (6) Scale 563 wherein the Apex Court has granted compensation as under: "1. Loss of Love and Affection : Rs.1,00,000/-.

¶2Towards funeral expenses : Rs. 25,000/-"

¶10In find force in the submission of ld. Counsel for the appellant. Keeping the dictum of Rajesh (Supra) into view, I enhance the compensation in favour of the respondents / claimants as under: "1. Loss of Love and Affection : From Rs.25,000 to Rs.1,00,000/-.

¶2Towards funeral expenses : From Rs. 5,000 to Rs.25,000/-."

¶11In view of above, I have enhanced compensation to the tune of Rs.95,000/- ( Rs.4,35,300-Rs.3,40,300). I here make it clear that the enhanced amount shall carry interest @ 7.5% per annum from the date of filing the petition till the realisation of the amount.

¶12In view of the above, instant appeal is allowed.

¶13Respondent / Insurance Company is directed to pay the enhanced amount within four weeks from today with Registrar General of this Court, who shall thereafter release the same in favour of the appellants / claimants.

SURESH KAIT, J JULY 25, 2013 Jg

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 25th July, 2013 + BHARO CHAUDHARY AND ANR. ..... Appellants Through: Mr. Sekhar Aggarwal, Adv. versus RAKESH KUMAR AND ORS. ..... Respondents Through: Mr. Manoj Bhandari, Adv. for R3. CORAM: HON'BLE MR. JUSTICE SURESH KAIT