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2017 Supreme(Del) 2752
IN THE HIGH COURT OF DELHI AT NEW DELHI
J.R. MIDHA, J.
HDFC Ergo General Insurance Co. Ltd. - Appellant
Versus
Shri Rattan Kumar Dwivedi & Ors. - Respondents
Mac.App. 993 Of 2013, 241 Of 2016
Decided On : 09-08-2017
For the Appellant :Mr. Shrey Mehta, Advocate
For the Respondent:Ms. Shanta Devi Raman and Mr. Arihant Jain, Advocates
The court established that minimum wages are not mandatory for computing compensation and considered the deceased's sports achievements and relevant job advertisements to determine the compensation.
Headnote:
Compensation - Motor Accident Claims Tribunal - Sections 279/304A IPC - [MAC.APP. 993/2013, MAC.APP. 241/2016] - The court discussed the deceased's earning capacity, sports achievements, and relevant job advertisements to determine the compensation. The court referred to the Municipal Corporation of Delhi v. Association of Victims of Uphaar Tragedy case to establish that minimum wages are not mandatory for computing compensation. The court enhanced the compensation amount to Rs.24,50,000/- along with interest @ 9% per annum.
Fact of the Case:
Apoorva Dwivedi was hit by a car and succumbed to injuries. The deceased was a student and a sports person with significant achievements. The appellants sought reduction and enhancement of the compensation amount.
Finding of the Court:
The court enhanced the compensation amount to Rs.24,50,000/- along with interest @ 9% per annum. MAC.APP. 993/2013 was dismissed.
Issues: Determining the deceased's earning capacity and sports achievements to compute compensation, and deciding on the rate of interest for the compensation amount.
Ratio Decidendi: The court considered the deceased's sports achievements and relevant job advertisements to determine the compensation. It established that minimum wages are not mandatory for computing compensation.
Final Decision: MAC.APP. 241/2016 is allowed, and the compensation amount is enhanced to Rs.24,50,000/- along with interest @ 9% per annum. MAC.APP. 993/2013 is dismissed.
1. The Motor Accident Claims Tribunal has awarded compensation of Rs.10,40,000/- which is under challenge in these appeals. The appellant in MAC. APP. 993/2013 is seeking reduction whereas the appellants in MAC. APP. 241/2016 are seeking enhancement of the award amount to Rs.66,55,000/-.
2. On 21st July, 2008 at about 09:00 AM, Apoorva Dwivedi left her house for her college and was standing at the central verge of the road near Tagore Garden Metro Station when she was hit by a Santro Car bearing No.HR-06Q-7117 which resulted in grievous injuries. Apoorva was first taken to Kukreja Hospital and thereafter, shifted to Maharaja Agrasen Hospital where she remained un-conscious and ultimately succumbed to the injuries six days later on 27th July, 2008. The police registered FIR No.370/2008 under Sections 279/304A IPC at P.S. Rajouri Garden.
3. The deceased was aged about 18 years (17 years 11 months and 27 days) at the time of the accident and was pursuing B.Com. (Hons.) from Bharti College, Delhi University. The deceased was survived by her parents and brother, who filed an application for compensation. The Claims Tribunal assumed the income of the deceased as Rs.10,000/- per month, deducted 50% towards her personal expenses and applied the multiplier of 14 to compute the loss of dependency as Rs.8,40,000/-. The Claims Tribunal awarded Rs.1,30,000/- towards medical expenses, Rs.25,000/- towards loss of love and affection, Rs.25,000/- towards pain and sufferings and Rs.20,000/- towards funeral expenses. The total compensation awarded is Rs.10,40,000/- along with interest @ 7.5% per annum from date of filing of petition.
4. Learned counsel for the appellant in MAC. APP. 993/2013 urged at the time of hearing that the deceased was unemployed and the income of the deceased be taken as minimum wages of Rs.4,393/- in respect of a graduate.
5. Learned counsel for the appellants in MAC. APP. 241/2016 urged that the earning capacity of the deceased be computed according to her ambition to pursue MBA. Learned counsel for the claimants urged that the deceased had excelled in the field of sports and had won 86 certificates and prizes in athletics, track and field, gymnastics, baseball, soft ball, basketball, cricket etc. The deceased secured second place in team event at 40th Delhi State Gymnastics Championship, 2001. The deceased was selected as the best athlete of the year 2003-2004 at the school and as well as zonal level. The deceased secured first position in baseball in 52nd National School Games, 2006 conducted by School Games Federation of India. The deceased was sports captain for the academic year 2007-08 of Holy Child Senior Secondary School, Tagore Garden, New Delhi. PW-4 from Holy Child Senior Secondary School appeared and proved the certificates as Ex.PW- 4/A. The deceased was giving two tuitions and was earning Rs.3,800/- per month which was proved by PW-1 and PW-2 who were paying her Rs.2,000/- and Rs.1,800/- per month respectively.
6. Learned counsel for the claimants urged that the earning capacity of the deceased be taken as Rs.50,000/- per month and 50% be added towards future prospects. Without prejudice, it is submitted that even assuming that the deceased would have completed B. Com (Hons.), she would have got the job in the range of Rs.25,000/- to Rs.30,000/- on the basis of her sports excellence. Reliance is placed on the employment notification of the Government of India dated 13/01/2017, Chief Commissioner of Customs which advertised the post of a Tax Assistant for the sports persons in the pay scale of Rs.25,000/- to Rs.81,000/-. Reliance is also placed on advertisement of Indo-Tibetan Border Police Force dated 1/10/2016 for the post of constable under the sports quota in the pay scale of Rs.21,700/- to Rs.69,100/- Reliance is also placed on advertisement of Hawkins for the job of Management Trainees for fresh gradutates in the pay scale of Rs.30,000/- to Rs.40,000/-. The claimants seek enhancement of compensat
