Rekha and Others vs Sheshmani and Others

G.P. Mittal, J.—This is an Appeal for enhancement of compensation of Rs. 5,33,376/- awarded for the death of Late Mr. Ram Sanjeevan, who was 45 years on the date of accident which took place on 24.02.2008. The contentions raised thereof by the Appellant are:-

(i) 50% increase in the minimum wages, which was taken as the income of Mr. Ram Sanjeevan, should have been given on account of inflation.

(ii) The compensation awarded towards loss of love and affection be allowed.

During inquiry before the Claims Tribunal it was claimed that the deceased was working as a rickshaw puller and was earning Rs. 6,000/- p.m. The first Appellant''s testimony, that the deceased had an income of Rs. 6000/- per month, was challenged by giving her a suggestion. However, the factum of the deceased''s profession was not disputed. In the circumstances, the Claims Tribunal ought to have made an assessment of the earning of a rickshaw puller in the year 2008 when the accident occurred. I would make a guess work and assess his income @ of Rs. 150/- per day i.e. Rs. 4,500/- p.m.

The loss of dependency thus comes to Rs. 6,04,800/- (4,500/- x 4/5 x 12 x 14).

The Claims Tribunal awarded a sum of Rs. 10,000/- towards Love and Affection. Loss of love and affection can never be measured in terms of money. Thus, uniformity has to be adopted by the Courts while granting non-pecuniary damages. The Supreme Court in Sunil Sharma and Others Vs. Bachitar Singh and Others, and in Baby Radhika Gupta and Others Vs. Oriental Insurance Co. Ltd. and Others, granted Rs. 25,000/- (in total to all the claimants) under the head of loss of love and affection. Thus, I would enhance the compensation under this head to Rs. 25,000/- .

The compensation is recomputed as under:-

Sl. No.

Compensation Heads

Awarded by the Claims Tribunal

Awarded by this Court

1.

Loss of dependency

Rs. 4,88,376/-

Rs. 6,04,800/-

2.

Conveyance

Rs. 5,000/-

Rs. 5,000/-

3.

Loss of consortium

Rs. 10,000/-

Rs. 10,000/-

4.

Loss of love & affection

Rs. 10,000/-

Rs. 25,000/-

5.

Loss of estate

Rs. 10,000/-

Rs. 10,000/-

6.

Funeral charges

Rs. 10,000/-

Rs. 10,000/-

Total

Rs. 5,33,376/-

Rs. 6,64,800/-

The compensation is thus enhanced from Rs. 5,33,376/- to Rs. 6,64,800/- . The enhanced compensation of Rs. 1,31,424/- shall carry interest @ 7.5% p.a. as awarded by the Claims Tribunal. The enhanced compensation shall be deposited by the third Respondent Insurance Company within six weeks.

The Appeal is allowed in above terms. No costs.