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DELHI HIGH COURT
J.R.MIDHA
Ganga Saran – Appellant
Versus
Jogender Singh – Respondent
JUDGMENT
J.R. Midha, J. (Oral)
1. The appellants have challenged the award of the learned Tribunal whereby the compensation of Rs.5,21,428/- has been awarded to the appellant. The appellants seek enhancement of the award amount.
2. The road accident dated 7th July, 2006 resulted in the death of Satpal Singh who was hit by the offending vehicle while walking on the road. The deceased was survived by his father, widow and two daughters who filed the claim petition before the learned Tribunal. The deceased was aged 26 years at the time of the accident. The deceased was an electrician and was running his own shop under the name and style of Ms. Deepa Electricals. The appellants claimed the income of the deceased to be Rs.10,000/- per month. However, since there was no documentary evidence to corroborate the statement of the appellants, the learned Tribunal took the minimum wages of Rs.3,437/- of semi-skilled person. 1/3rd was deducted towards the personal expenses of the deceased and the multiplier of 18 was adopted to compute the loss of dependency at Rs.4,94,927.99. The learned Tribunal has awarded Rs.12,500/- towards loss of love and affection and loss of estate, Rs.4,000/- was
Compensation awarded in wrongful death cases must be substantiated by documented evidence of income and adhere to statutory guidelines while considering future prospects.
The main legal point established is the proper assessment of compensation under the Motor Vehicles Act, 1988, and the interpretation of 'loss of consortium' as applicable to each dependent.
The potential income of the deceased student, who was undergoing a specialized technical course of DPharma, was considered at Rs. 27,600 per month, influencing the court's decision on the compensatio....
The court recalculated compensation based on the deceased's potential earnings as a Mason, enhancing the total compensation awarded to Rs.11,82,312/- with interest.
The main legal point established in the judgment is the assessment and modification of compensation under various heads in accordance with legal precedents and established income of the deceased.
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