MAC.APP. 962/2013

Page 1 of 17

$~14.

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on:

12.07.2022

Pronounced on: 03.08.2022

+

MAC.APP. 962/2013

NATIONAL INSURANCE COMPANY LTD...... Appellant

Through:

Ms. Rakhi Dubey, Advocate

versus

RAJADA & ORS.

..... Respondents

Through:

Mr. S.N. Parashar, Advocate

CORAM:

HON’BLE MR. JUSTICE GAURANG KANTH

J U D G M E N T

GAURANG KANTH, J.

1.

The Appellant has challenged the Award of the Motor

Accident Claims Tribunal, whereby compensation of Rs.23,57,304/-

has been awarded to the Respondent Nos. 1 to 5.

2.

The accident dated 10.07.2012 resulted in the death of Sh.

Sarwar. He was 24 years of age. It is the case of the respondents that

the deceased was working as Driver (HTV) with M/s Yadav

Transport Co. Pvt. Ltd. and was earning Rs. 15,000/- per month (Rs.

10,000/- as salary and Rs. 5,000/- towards food and other

allowances). The deceased was survived by his widow, 2 minor

daughters, mother and father. All the legal heirs together filed claim

petition before the Motor Accident Claims Tribunal.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003018

MAC.APP. 962/2013

Page 2 of 17

3.

The Claims Tribunal treated the deceased as a matriculate

labour and fixed his income for the purpose of loss of dependency as

Rs. 8,528/- based on the rates of Minimum Wages as applicable to

Delhi. Based on the legal principle as explained by the Hon’ble

Supreme Court in Rajesh & Ors Vs Rajvir Singh, SLP(C)

No.24825/2010, the monthly income of the deceased was fixed as

Rs.12,792/-. Further based on the Judgement of the Hon’ble

Supreme Court in Sarla Verma vs. DTC reported as 2009 (6) SCC

121, the monthly dependency was assessed as Rs. 9,594/- per month

and loss of dependency was calculated as Rs. 20,72,304/-. In

addition, the learned Tribunal has granted Rs. 25,000/- towards the

funeral charges and Rs. 10,000/- towards the loss of Estate.

Respondent No. 1 was granted Rs. 1,00,000/- towards loss of

consortium. Regarding the Non-pecuniary Losses, the learned

Tribunal awarded Rs.1,00,000/- for all the Respondents towards loss

of love and affection and Rs. 50,000/- towards notional loss of care,

attention and expenses. The total amount awarded comes to Rs.

23,57,304/-. The learned Tribunal also awarded 9% interest from the

date of filing of the DAR till the date of realisation.

4.

The learned counsel for the Appellant challenged the

impugned Award majorly on the following grounds:-

(i)

Learned Tribunal erred in taking the minimum Wages

of Delhi as base for calculating the income of the deceased as

the deceased was employed with M/s Yadav Transport Co.

Pvt. Ltd. located at Ghaziabad, UP. Hence Minimum Wages

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003018

MAC.APP. 962/2013

Page 3 of 17

as applicable to the State of UP at the relevant point in time

should be taken for calculating the income of the deceased.

(ii)

The learned Tribunal has erred in granting 50% towards

future prospects as the Hon’ble Supreme Court in National

Insurance Co. Ltd Vs Pranay Sethi &Ors reported as 2017

AIR (SC) 5157 held that in case the deceased was self

employed or on a fixed salary, an addition of 40% of the

established income should be granted where the deceased was

below the age of 40 years.

(iii)

Non-pecuniary compensation granted by the learned

Tribunal is contrary to the dicta of Hon’ble Supreme Court in

Pranay Sethi (supra) as the Hon’ble Supreme Court held that

reasonable figures of Rs. 15,000/-, Rs. 40,000/- and

Rs.15,000/- should be granted towards the conventional heads

namely Loss of estate, Loss of consortium and funeral

expenses.

(iv) There is no evidence to show that the deceased put

some signal regarding parking the v