Smt. Sujata Prakash vs Ajay and Others

G.P. Mittal, J.—The Appellant seeks enhancement of compensation of Rs.15,03,000/- awarded for the death of V. Prakash who died in a

motor vehicle accident which occurred on 26.04.2003. Admittedly, the deceased was aged 52 years and was therefore not entitled to any addition

towards future prospects Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, ) or even towards inflation Santosh Devi

Vs. National Insurance Company Ltd. and Others, .

The salary certificate Ex. P-7 proved during inquiry before the Claims Tribunal shows that the deceased was getting a salary of Rs.3,22,625/- in

the year just before his death. The future prospects of Rs.5,000/- granted 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.

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

The Claimants are further entitled to a sum of Rs.25,000/- towards loss of love and affection and Rs.10,000/- each towards loss of consortium,

loss to estate and funeral expenses.

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

The enhanced compensation of Rs.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.

Respondent 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.

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

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