$~R-549

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Decided on: 23^rd November, 2017

+

MAC APPEAL 767/2012

VISHAMBHAR & ANR

..... Appellants

Through:

Mr. S.N. Parashar and Ms.

Pankaj Kumari, Advocates

versus

UDAY BHAN YADAV & ORS.

..... Respondents

Through:

Mr. Shoumik Mazumdar, Adv.

for R-3

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

JUDGMENT (ORAL)

1.

Pinto, a bachelor, aged 19 years, suffered injuries in a motor

vehicular accident that occurred on 10.07.2007 due to negligent

driving of a motor vehicle described as Crane bearing registration

no.HR-55-F-2193 admittedly insured against third party risk with the

third respondent (insurer) for the period in question and died in the

consequence. On the accident claim case (MACT 446/10/07)

instituted on 18.08.2007 by his parents (appellants), the Motor

Accident Claims Tribunal (Tribunal) held inquiry and awarded

Rs.4,82,000/- as compensation with interest at the rate of 7.5% p.a.

fastening the liability on the insurer to pay. The said amount includes

Rs.4,32,000/- towards loss of dependency, Rs.10,000/- for funeral and

transportation charges, Rs.20,000/- each for loss to estate and loss of

company. The loss of dependency has been calculated on the assumed

income of Rs.4500/- p.m., the multiplier of 16 having been invoked.

2.

By the appeal at hand, the claimants seek enhancement

submitting that the multiplier should have been taken as 18, according

to the age of the deceased and the element of future prospects of

increase in income should have been added. The request also is made

for increase in the award under the non-pecuniary heads of damages

and the rate of interest.

3.

Per contra, the counsel for the insurer points out that the

finding on the issue of income at Rs.4500/- is unfounded, there being

no credible evidence led to support the same. The counsel for the

claimants fairly submits that minimum wages of Rs.3470/- p.m. be

taken as the notional income. The element of future prospects of

increase in income, however, to the extent of 40% deserves to be

added in view of the ruling of a Constitution Bench of the Supreme

Court rendered on 31.10.2017 in SLP (C) 25590/2014, National

Insurance Company Ltd. Vs. Pranay Sethi and Ors. Further the

multiplier of 18 has to be invoked according to the age of the

deceased.

4.

The loss of dependency is, thus, re-computed as [Rs.3,470/- x

140/100 x 1/2 x 12 x 18] Rs.5,24,664/-, rounded off to Rs.5,25,000/-.

5.

Following the ruling in Pranay Sethi (supra), the non-pecuniary

heads of damages as awarded by the tribunal cannot be approved. An

amount of Rs.15,000/- each under the heads of loss to estate and

funeral expenses are added. Thus, the total compensation in the case

comes to [Rs.5,25,000/- + Rs.15,000/- + Rs.15,000/-] Rs.5,55,000/-

(Rupees Five lakh and fifty five thousand only).

6.

Following the consistent view taken by this Court, the rate of

interest is increased to 9% (nine percent) per annum from the date of

filing of the petition till realization. [see judgment dated 22.02.2016

in MAC.APP. 165/2011 Oriental Insurance Co Ltd v. Sangeeta Devi

& Ors.]

7.

Having regard to the dispensation already made in favour of the

first appellant, it is directed that the entire enhanced portion of the

award including the effect of increase in the rate of interest shall fall to

the share of the second appellant (Dewanti) / mother, it to be released

to her in the form of an interest bearing fixed deposit receipt taken out

from a nationalized bank for a period of seven years with right to draw

periodic interest. The insurer is directed to satisfy the enhanced award

by requisite deposit with the tribunal within 30 days making it

available to be released to the claimant.

8.

The appeal is disposed of in above terms.

R.K.GAUBA, J.

NOVEMBER 23, 2017

yg