Om Prakash and Another vs Satbir Singh and Others

Suresh Kait, J.—Instant appeal has been preferred against the award dated 18.07.2009, whereby ld. Tribunal has granted total compensation of Rs. 2,67,056/- along with interest @ 7.5% per annum from the date of filing of the petition till realization from the respondents. Ld. Counsel appearing on behalf of the appellant has argued that the deceased was working with a Private Establishment; and was earning Rs. 6,000/- per month as salary and Rs. 2,000/- per month as commission. Salary Certificate has been placed on record as Ex. P3.

Since the appellant could not prove the said certificate and not examined any witness to prove the same, therefore, the ld. Tribunal has considered the salary of the deceased as Rs. 3,516/- as per the minimum wages of an unskilled workman as notified by the Delhi Government at the time of accident.

Ld. Counsel appearing on behalf of the respondent/insurance company submits that he does not dispute the assessment of income on the basis of minimum wages, however, he opposed the finding regarding the nature of job: the deceased was not working on a permanent job. Therefore, in view of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , which has been re-affirmed by the full bench of Hon''ble Supreme Court in the case of Reshma Kumari & Ors. Vs. Madan Mohan & Anr. in Civil Appeal No. 4646 of 2009 appellant is not entitled for future prospects.

On the other hand, ld. Counsel appearing on behalf of the appellant has relied upon the judgment in Rajesh and Others Vs. Rajbir Singh and Others, wherein the full Bench of Apex Court has awarded 50% for future prospects.

The issue in the present case is that the deceased died at the age of 29 years and ld. Tribunal has not granted any compensation on account of future prospects. Therefore, keeping in view the dictum of Rajesh (Supra), I grant 50% towards future prospects.

Accordingly, the loss of dependency comes to Rs. 3,48,084/- (Rs. 2637 x 12 x 11).

Ld. Counsel appearing on behalf of the appellant further submitted that on non-pecuniary damages, ld. Tribunal has granted compensation on a very lower side. I note, ld. Tribunal has granted Rs. 5,000/- for the funeral expenses and Rs. 25,000/- for love and affection.

Keeping in view the dictum in Rajesh (Supra), I enhance the compensation amount on account of funeral expenses and love and affection for Rs. 25,000/- and Rs. 1,00,000/- respectively.

Thus, the total compensation is enhanced for Rs. 2,06,028/-(Rs. 4,73,084 - Rs. 2,67,056).

Accordingly, respondent/insurance company is directed to deposit the enhanced amount within six weeks from today which shall also carry interest @ 7.5% from the date of filing of the appeal till the date of realization with Registrar General of this Court.

On deposit the Registrar General of this Court is directed to release the enhanced compensation amount in favour of the appellants/claimants. Instant appeal is allowed on the above terms.