MAC.APP. 363/2013

Page 1 of 15

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IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on : 23.08.2022

Pronounced on: 09.09.2022

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MAC.APP. 363/2013 and C.M. No. 6570/2013

PRABHAWATI DEVI AND ORS

..... Petitioner

Through:

Mr. S.N. Parashar, Advocate.

versus

SANJEEV KUMAR JHA AND ORS

..... Respondents

Through:

Mr. J.P.N. Shahi, Advocate

for respondent No. 3/ IFFCO-

Tokio General Insurance.

CORAM:

HON’BLE MR. JUSTICE GAURANG KANTH

J U D G E M E N T

GAURANG KANTH, J.

1.

The present appeal has been preferred by the Appellants under

Section 173 of the Motor Vehicles Act for enhancement of

compensation amount awarded by the Court of learned

Presiding Officer, Motor Accident Claims Tribunal, South East

District/Saket Courts, New Delhi in Suit No. 327/2010 vide its

Award dated 20.09.2012.

2.

The learned Tribunal vide its impugned Award dated

20.09.2012 held Respondent No. 3 herein/Insurance Company

of the car liable to pay compensation to the Appellants. The

relief granted by the learned Tribunal is as under: -

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003598

MAC.APP. 363/2013

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1. Loss of Dependency

Rs. 7,48,800/-

2. Loss of Love and Affection

Rs. 25,000/-

3. Funeral Expenses

Rs. 10,000/-

4. Loss of Estate

Rs. 10,000/-

5. Loss of consortium

Rs. 10,000/-

Facts of the case

3.

Brief facts of the case as noted by the learned Motor Accident

Claims Tribunal are as under: -

“On 11.02.10, the deceased was standing with his

object”

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003598

MAC.APP. 363/2013

Page 3 of 15

4.

The learned Tribunal awarded compensation of Rs. 8,03,800/-

in favour of the claimants and directed Respondent No. 3/

Insurance Company to deposit the said amount with interest @

9 % per annum from the date of filing of the petition till

realization. Against the impugned Award, the present Appeal is

preferred.

Submissions of the Appellants

5.

Mr. S. N. Parashar, learned counsel for the Appellants

contended that the learned Tribunal has erred in not assessing

the income of the deceased as per his vocation. He further

contended that deceased was 27 years of age and at the time of

accident, he was pursuing MBA final year from Sikkim

Manipal University. While pursuing his MBA he was working

in a private company and was earning Rs. 8,000/- per

month. Learned counsel further contended that the deceased

has appeared for his final year MBA examination and has

received an appointment letter for the post of Assistant

Manager, Finance on a monthly salary of Rs. 30,000/- per

month. He further contended that the appointment letter has

been filed as Ex. PW-1/17, however, the learned Tribunal

without taking into account the appointment letter, computed

the head „Loss of dependency‟ on the basis of proved salary of

Rs. 8,000/- which is arbitrary and in contravention of the law

laid down by the Hon‟ble Supreme Court in the case of

AshvinBhai JayantiLal Modi Vs Ramkaran Ramchandra

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003598

MAC.APP. 363/2013

Page 4 of 15

Sharma reported as 2014 (11) SCALE 427. Learned counsel

also relied upon the judgment of this Court dated 07.03.2018

passed in MAC.APP. 376/2017 titled as Bharti AXA Gen.

Insurance Co. Ltd. Vs Upender Kumar Shastri.

6.

Learned counsel for the Appellants further contended that in

terms of the dicta of Hon’ble Supreme Court in National

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

AIR (SC) 5157,an addition of 40% of the established income

should be granted under the head „Future Prospects‟, however,

the learned Tribunal erred in making an addition of 30% of the

established income of the deceased.

7.

Learned counsel for the Appellants further contended that the

learned Tribunal erred in applying the multiplier of 9 accordin