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Anuplal Mandal & Another v/s Chotela Mondal & Others (Iffco Tokio General Insurance Co Ltd)

    Mac.App. No. 75 of 2018

    Decided On, 20 July 2018

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE J.R. MIDHA

    For the Appellants: Jatinder Kamra, Advocate. For the Respondents: Mrinal Harshvardhan, Advocate.



Judgment Text

Oral:

1. The appellants have challenged the award of the Claims Tribunal whereby compensation of Rs.8,50,884/- has been awarded to the claimants. The appellants seek enhancement of the award amount.

2. The accident dated 06th December, 2015 resulted in the death of Mithilesh Kumar Mandal. The deceased was aged 23 years at the time of accident and was survived by his parents. The deceased was working as a skilled pilling worker. It was claimed that the de

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ceased was earning Rs.15,000/- per month. However, in the absence of any documentary proof of income, the Claims Tribunal took minimum wages of Rs.9,178/- per month, deducted 1/2 towards his personal expenses and applied the multiplier of 13 according to the age of the mother to compute the loss of dependency as Rs.7,15,884/-. The Claims Tribunal awarded Rs.1,00,000/- towards loss of love and affection, Rs.10,000/- towards loss of estate and Rs.25,000/- towards funeral expenses. The total compensation awarded is Rs.8,50,884/-.

3. Learned counsel for the appellant urged at the time of hearing that the future prospects of 40% have not been awarded by the Claims Tribunal. It is further submitted that the multiplier of 18 has to be applied according to the age of the deceased. Reliance is placed on National Insurance Co. Limited vs. Pranay Sethi and Ors., 2017 SCC Online SC 1270.

4. Learned counsel for respondent No.3 urged at the time of hearing that the loss of love and affection is no more a permissible head and, therefore, the compensation of Rs.1,00,000/- awarded by the Claims Tribunal has to be set aside. It is further submitted that the loss of estate and funeral expenses be reduced to Rs.15,000/- each in terms of the principles laid down in National Insurance Co. Limited vs. Pranay Sethi and Ors.(Supra).

5. There is merit in the contentions urged by the learned counsels for both the parties. The appellants are entitled to future prospects of 40% and the multiplier of 18 has to be applied according to the age of the deceased. The compensation for loss of love and affection is no more a permissible head and, therefore, the compensation of Rs.1,00,000/- is liable to be set aside. The compensation for loss of estate and funeral expenses is liable to be reduced to Rs.15,000/- each.

6. Taking the income of the deceased as Rs.9,178/- per month, adding 40% towards future prospects, deducting 1/2 towards personal expenses and applying the multiplier of 18, the loss of dependency is computed as Rs.13,87,713.6. Adding Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses, the total compensation is computed as Rs.14,17,713.6, rounded of to Rs.14,17,714/-.

7. The appeal is allowed and the compensation amount is enhanced from Rs.8,50,884/- to Rs.14,17,714/- along with interest @ 9% per annum from the date of institution of the claim petition i.e. 07th January, 2016.

8. Respondent No.1 is directed to deposit the enhanced award amount with the Registrar General of this Court within 30 days. The proof of deposit along with the computation of interest on affidavit be filed within one week of the deposit.

9. List for disbursement of the compensation amount on 28th September, 2018.

10. The appellants shall remain present in Court on the next date of hearing along with documents mentioned in the order dated 22nd January, 2018.

11. Learned counsel for the appellant submits that the appellants are residents of Katihar, Bihar and they have savings bank accounts in State Bank of India, Saket Courts Branch. The appellants are directed to transfer their accounts in State Bank of India, Saket Courts Branch to a branch of State Bank of India near the place of their residence. The appellants shall approach State Bank of India, Saket Courts Branch for transfer of the accounts and upon completing the necessary formalities, State Bank of India, Saket Courts Branch is directed to transfer the savings bank accounts of the appellants to the branch of State Bank of India near the place of residence of the appellants. State Bank of India, Saket Courts Branch is directed not to issue any cheuqe book or debit card to the appellants and if the same have already been issued, the bank is directed to cancel the same and make an endorsement on the passbooks that no cheque book or debit card shall be issued to the appellants without permission of this Court and the same be communicated to the State Bank of India branch near the place of residence of the appellants. However, State Bank of India shall permit the claimants to withdraw money from their savings bank accounts by means of a withdrawal form.

12. Copy of this judgment be given dasti to learned counsels for the parties under signature of Court Master.
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