MAC.APP.676/2017 & 987/2017

Page 1 of 4

$~87 & 88

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Date of Decision: 28^th February, 2018

+

MAC.APP. 676/2017 & CM No.27795/2017

RAM RAHISH YADAV

..... Appellant

Through:

Mr. M.L. Yadav, Adv. with appellant

in person.

versus

SUSHILA RANI & ORS

..... Respondents

Through:

Ms. Raji Nathani, Adv. for R2 & R4.

+

MAC.APP. 987/2017 & CM No. 40981/2017

SHIV SAGAR @ DEEPAK

..... Appellant

Through:

Mr. Saurabh Kansal and Mr.

Sudhanshu Tiwari, Advs. with

appellant in person.

versus

SUSHILA RANI & ORS

..... Respondents

Through:

Ms. Raji Nathani, Adv. for R2 & R4.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

JUDGMENT (ORAL)

1.

The appellants have challenged the award of the Claims Tribunal

whereby compensation of Rs.10,16,000/- has been awarded to claimants in

both the appeals.

2.

On 20^th August, 2014, late Vishan Dass was crossing the road when

he was hit by motorcycle bearing No.DL-7S-BJ-7619 which resulted in fatal

injuries to late Vishan Dass. The deceased was aged 68 years and was

MAC.APP.676/2017 & 987/2017

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survived by his widow and three sons who filed the application for

compensation before the Claims Tribunal. The deceased had retired as

Senior Assistant from State Bank of India and was drawing pension of

Rs.16,353/-. The widow of the deceased, after the death of late Vishan Dass,

is getting family pension of Rs.5,825/- per month. According to the

claimants, the deceased was doing property dealing business from which he

was earning about Rs.10,000/- per month.

3.

The Claims Tribunal took the income of the deceased as Rs.20,528/-

(Rs.10,528/- from loss of pension + Rs.10,000/- as income from the property

dealing business), deducted ½ towards his personal expenses and applied the

multiplier of 5 to compute the loss of dependency to Rs.6,16,000/-. The

Claims Tribunal awarded Rs.1,50,000/- towards loss of love and affection,

Rs.1,50000/- towards loss of consortium, Rs.50,000/- towards funeral

expenses and Rs.50,000/- towards loss of estate. The total compensation

awarded is Rs.10,16,000/-.

4.

Learned counsel for the appellant urged at the time of hearing that the

income of the deceased has been wrongly taken as Rs.20,528/-. It is

submitted that the loss of income of the deceased be taken as Rs.10,528/-

(difference between pension of the deceased i.e. Rs.16,353/- and the family

pension of Rs.5,825/- being received by the widow). It is further submitted

that the non-pecuniary compensation be reduced in terms of the judgment of

Supreme Court in Pranay Sethi vs. National Insurance Co. Limited 2017

SCC Online 1117.

5.

The record of the Claims Tribunal has been perused. The deceased

was getting pension of Rs.16,353/- at the time of the accident and after his

death, the widow of the deceased is getting family pension of Rs.5,825/-. As

MAC.APP.676/2017 & 987/2017

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such, the claimants have suffered loss of Rs.10,528/- per month (Rs.16,353/-

‒ Rs.5,825/-). According to the claimants, the deceased was doing the

property dealing business but the claimants were not able to prove the same.

As such, the income of the deceased is taken as Rs.10,528/- per month

(Rs.16,353/- ‒ Rs.5,825/-). The Claims Tribunal deducted ½ towards the

personal expenses of the deceased whereas the appropriate deduction

towards the personal expenses has to be 1/3. Taking the income of the

deceased as Rs.10,528/-, deducting 1/3 towards the personal expenses and

applying the multiplier of 5, the loss of dependency is computed as

Rs.4,21,120/-. The claimants are awarded Rs.40,000/- towards loss of

consortium, Rs.15,000/- towards of estate and Rs.15,000/- towards funeral

expenses in terms of the judgment of Supreme Court in Pranay Sethi vs.

National Insurance Co. Limited 2017 SCC Online 1117. The claimants are

further awarded Rs.8,880/- towards loss of love and affection. The claimants

are entitled to total compe