Amarjeet Singh vs Rajinder Kumar and Others

G.P. Mittal, J.—The Appeal is for enhancement of compensation of Rs. 54,600/-awarded in favour of the Appellant for the death of Gursimran Singh, who died in a motor vehicle accident which occurred on 3.12.2009. In the absence of any Appeal by the driver/owner or the Insurance Company, the finding of negligence has attained finality.

On appreciation of evidence, the Claims Tribunal found that the deceased''s father had disappeared 20 years back and his whereabouts were not known; his mother predeceased him on 18.9.2007. The Claims Tribunal opined that the Appellant being maternal uncle of deceased Gursimran Singh was not financially dependent on the deceased. Thus, following the judgment of this Court in Keith Rowe v. Prashant Sagar-II (2010) ACC-64, the Claims Tribunal awarded 15% of the deceased income towards loss to estate to the Appellant.

It is urged by the Learned Counsel for the Appellant that the deceased and the Appellant were residing together at C-227A, L-Pocket, Dilshad Garden, Delhi. The Appellant was aged 67 years at the time of the accident and was being looked after by the deceased. Thus, full compensation ought to have been awarded in favour of the Appellant towards loss of dependency.

I have, before me, the document Ex. PW 1/1, which is a copy of the voter''s identity card issued by the Election Commission of India. It has the same address as that of the deceased. In his cross-examination, the Appellant stated that his younger brothers were paying him for his monthly expenses and he would eat his meals at the Gurdwara. He also admitted that he was getting old age pension of Rs. 1,000/- per month from the Govt. of NCT of Delhi.

Considering the peculiar facts of this case, it can be said that the Appellant was partially dependent on the deceased Gursimran Singh as he was residing with him. In these circumstances, the Appellant should have been granted compensation to the extent of 30% of the deceased''s income towards loss of estate. The compensation under this head thus comes to Rs. 79,200/- (4400 x 12 x 5 x 30%) as against a sum of Rs. 39,600/- awarded by the Claims Tribunal.

The compensation of Rs. 10,000/- awarded towards loss of love and affection and Rs. 5000/- awarded towards funeral expenses is raised to Rs. 25000/- and Rs. 10,000/- respectively. Thus, the compensation comes to Rs. 1,14,200/-.

Accordingly, the compensation stands enhanced by Rs. 59,600/-which shall carry interest @ 7.5% per annum from the date of filing of the Petition till its deposit with the Claims Tribunal. The Respondent No. 3 ICICI Lombard General Insurance Co. Ltd. is directed to deposit the enhanced compensation along with interest with the Claims Tribunal within six weeks. 75% of the enhanced compensation shall be held in fixed deposit for a period of two years and three years in equal proportion. Rest of the amount shall be released on deposit.

Notice of deposit shall be sent to the Appellant by the Respondent Insurance Company as also by the Claims Tribunal.

The Appeal is allowed in above terms. Pending applications stand disposed of.