Sunita and Others vs Pawan Kumar and Others

G.P. Mittal, J.—The Appeal is for enhancement of compensation of Rs. 7,78,000/-awarded by the Motor Accident Claims Tribunal (the

Claims Tribunal) in favour of the Appellants for the death of Promod Kumar who died in a motor vehicle accident which occurred on 15.07.1996.

The deceased was working as a driver in Summerville School, Noida (U.P.). At the time of the accident he was getting a salary of Rs. 3,016/- per

month which was retrospectively revised to Rs. 4,000/- per month from 01.01.1996 on account of implementation of the 5th Pay Commission.

It is proved from PW2''s testimony that the deceased was a confirmed employee with the Summerville School and was getting increments. Thus,

the Appellants were entitled to an addition of 50% towards future prospects(as was granted by the Claims Tribunal). There were six dependents.

The deduction on personal and living expenses has to be 1/4th instead of 1/3rd made by the Claims Tribunal.

The loss of dependency thus comes to Rs. 9,18,000/- ( Rs. 4,000/- + 50% x 12 x 3/4 x 17).

Keeping in view that the accident occurred in 1996, I would further award a sum of Rs. 15,000/- towards loss of love and affection and Rs.

5,000/- each towards loss of consortium, loss to estate and funeral expenses.

The overall compensation is thus enhanced by Rs. 1,70,000/- which shall carry interest @ 7.5% from the date of the filing of the Petition till its

payment. 75% of the enhanced compensation shall enure for the benefit of the First Appellant(the deceased''s widow) and 25% for the benefit of

the Appellant No. 6 Smt. Shanti (the deceased''s mother). 80% of the compensation payable to the First Appellant shall be held in fixed deposit

for a period of two years, four years, six years and eight years in equal proportion. Rest shall be released to her. The compensation payable to the

Appellant No. 6 shall be released on deposit.

The Respondent No. 3 National Insurance Company Ltd. is directed to deposit the enhanced compensation of Rs. 1,70,000/- along with

interest in the name of the Appellants No. 1 and 6(Claimants) with UCO Bank, Delhi High Court Branch within six weeks.

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