Icici Lombard General Insurance Company Ltd v. Renu and Ors

RAJIV SAHAI ENDLAW, J. MARCH 12, 2015 pp/gsr

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 12th March, 2015 + MAC. APP. No.1140/2011 ICICI LOMBARD GENERAL INSURANCE COMPANY LTD ..... Appellant Through: Ms. Neerja Sachdeva, Adv. Versus SMT. RENU AND ORS ..... Respondents Through: Mr. S.N. Parashar, Adv. for R-1 to 7. CORAM:- HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. Respondents no.8 and 9 have not been served. The counsel for the appellant states that they are not necessary parties and may be deleted from the array of respondents. Accordingly, respondents no.8 and 9 are deleted from the array of respondents without going into the aspect whether they are necessary parties and at the risk of the appellant. 2. The appeal impugns the award / judgment dated 7th October, 2011 of the MACT (South-01) in Suit No.957/2008 (Unique Case ID No.02403C0970712008) awarding a compensation of Rs.12,74,000/- (inclusive of interim award if any) to the claimants with interest @ 7.5% per annum from the date of filing of the petition i.e. 11th December, 2008 till its realisation, against the appellant / insurer of the vehicle which caused the death. 3. Notice of the appeal was issued and subject to the deposit of the award amount with upto date interest with the Registrar General of this Court, the execution of the award was stayed. The counsel for the appellant states that the amount was so deposited. Vide order dated 30th April, 2012 in this appeal, 50% of the amount so deposited was ordered to be released in favour of the claimants (respondents no.1 to 7 herein) and Trial Court record was requisitioned and the appeal directed to be listed in the category of 'After Notice Miscellaneous Matters' for final disposal. The counsel for the appellant and the counsel for the claimants have been heard. 4. One of the two contentions of the counsel for the appellant is that the Tribunal in the impugned order in para 10, has computed the compensation on the premise of the deceased earning wages of Rs.6,000/- per month. It is contended that there was no evidence whatsoever to establish that the deceased was earning wages of Rs.6,000/- per month and the only document produced in this regard was the daily sales report of the establishment, in which the deceased was working, having signature of the deceased as Salesman. 5. The only other contention is that the Tribunal in the same paragraph 10 of the impugned order has computed the compensation construing a 50% monthly increase in the income of the deceased. Attention in this regard is invited to ground "D" of the Grounds of Appeal where paragraph 24 of Sarla Verma Vs. D.T.C. (2009) 6 SCC 121 has been reproduced. On a reading of the said paragraph it is contended that an addition of 50% of the actual salary income of the deceased towards future prospects is permitted only where, (i) the deceased had a permanent job; and, (ii) the deceased was below 40 years of age. It is argued that though the deceased in the present case was 28 years of age but there is no evidence that he had a permanent job. The counsel contends that in such a situation, no increase on account of future prospects should have been considered in computing the compensation. It is further contended that the judgment in Sarla Verma of a Bench of two Judges has been re-affirmed by a three Judges Bench in Reshma Kumari Vs. Madan Mohan (2013) 9 SCC 65. However the counsel is not carrying copies of either of the two judgments. 6. The counsel for the claimants (respondents no.1 to 7) has per contra referred to Rajesh Vs. Rajbir Singh 2013 (6) SCALE 563 in para 11 of which the Supreme Court has held that in the case of self-employed or persons with fixed wages, in case the deceased victim was below 40 years, there must be an addition of 50% to the actual income of the deceased while computing future prospects. 7. I have considered the rival contentions. 8. The Tribunal, in para 10 of the impugned award / judgment has recorded that according to the claimants the deceased used to work a