Sujatha Prakash v. Ajay & Ors

J U D G M E N T G. P. MITTAL, J. (ORAL)

¶1The Appellant seeks enhancement of compensation of `15,03,000/- awarded for the death of V. Prakash who died in a motor vehicle accident which occurred on 26.04.2003.

¶2Admittedly, the deceased was aged 52 years and was therefore not entitled to any addition towards future prospects (Sarla Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121) or even towards inflation(Santosh Devi v. National Insurance Co. Ltd. & Ors., 2012 (4) SCALE 559).

¶3The salary certificate Ex.P-7 proved during inquiry before the Claims Tribunal shows that the deceased was getting a salary of `3,22,625/- in the year just before his death. The future prospects of `5,000/- granted MAC. APP. 26/2011

by the Claims Tribunal were, therefore, not permissible. The Claims Tribunal, however, did not take all the allowance received by the deceased like House Rent Allowance (HRA), Special Allowance, etc., which were for the benefit of the deceased and his family.

¶4Applying Sarla Verma, the loss of dependency comes to `20,06,583/- (3,22,625/- - 49,000/- (income tax) x 2/3 x 11).

¶5The Claimants are further entitled to a sum of `25,000/- towards loss of love and affection and `10,000/- each towards loss of consortium, loss to estate and funeral expenses.

¶6The compensation is thus enhanced from `15,03,000/- to ` 20,61,583/-.

¶7The enhanced compensation of `5,58,583/- shall carry interest @ 6% per annum from the date of filing of the petition till its judgment and then @

7.5% per annum from the date of filing of the Appeal till its payment.

¶8Respondent No.3 the Oriental Insurance Company Limited is directed to deposit the enhanced compensation along with interest with UCO Bank, Delhi High Court, New Delhi within six weeks in the name of the Appellant.

¶9The enhanced compensation shall enure for the benefit of the Appellant.

¶10The Appeal is allowed in above terms.

¶11Pending Applications also stand disposed of. (G.P. MITTAL) JUDGE OCTOBER 10, 2012 vk

MAC. APP. 26/2011 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 10th October, 2012 + MAC. APP. 26/2011 SMT. SUJATA PRAKASH ..... Appellant Through: Mrs. Manjeet Chawla, Adv. versus AJAY & ORS. .... Respondents Through Mr. Mohan Babu Aggarwal, Adv. with Mr. Harkesh Chand Aggarwal, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL