Kiran and Others vs B.L. Jasmera and Others

G.P. Mittal, J.—The Appeal is for enhancement of compensation of Rs. 7,50,000/- awarded for the death of Sri Kishan, who was aged 33 years and was working as a driver with the Govt. of India. It is urged on behalf of the Appellants that appropriate addition was not made towards future prospects; considering the number of dependents, deduction towards the personal and living expenses should have been one-fifth instead of one-third taken by the Motor Accident Claims Tribunal (the Claims Tribunal) and that the compensation awarded towards non-pecuniary damages is on the lower side.

The Appeal must succeed on all grounds.

As per Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , the loss of dependency comes to Rs. 11,09,606/- (4816/- + 50% x 4/5 x 12 x 16).

The compensation is re-computed as under:-

Sl.No.

Compensation under various heads Awarded by the Claims Tribunal Awarded by this Court

Rs.

1.

Loss of Dependency

Rs. 7,24,200/- Rs. 11,09,606/-

2.

Medical Expenses and Last Rites

Rs. 15,000/- Rs. 15,000/-

3.

Loss of Consortium, Loss to Estate & Loss of Love and Affection

Rs. 10,000/-

4.

Loss to Estate

Rs. 5,000/-

5.

Loss of Consortium

Rs. 10,000/-

6.

Loss of Love & Affection

Rs. 15,000/-

Total

Rs. 7,49,200/-

rounded off

Rs. 7,50,000/- Rs. 11,54,606/-

The enhanced compensation of Rs. 4,04,606/- shall carry interest @ 9% per annum from the date of filing of the Petition till the date of the award by the Claims Tribunal and then @ 7.5% per annum from the date of award till its deposit.

Respondent No. 2 National 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 Appellants.

This accident took place in the year 1997. Appellants No. 2 to 6 must have attained the age of majority.

40% of the award amount along with the proportionate interest shall go to the Appellant No. 7.

Rest of the amount along with proportionate interest shall go to Appellant No. 1. The Appeal is allowed in above terms.