Israel and Another vs Ishwar Chand and Others

Suresh Kait, J.—Instant appeal has been filed by the appellants for enhancement of the award dated 31.03.2012, whereby, ld. Tribunal has granted a sum of Rs. 1,45,000/- for the death of Gulfam in the accident occurred on 22.12.2009. Counsel for the appellant has argued that the ld. Tribunal has failed to consider the future prospects as he died at the age of 18 years.

He further argued that on non-pecuniary heads the ld. Tribunal has granted compensation on a very lower side, i.e., Rs. 25,000/- towards love and affection, Rs. 10,000/- towards loss of estate and Rs. 5,000/- towards funeral expenses.

Ld. Counsel further submits that in view of dictum in Rajesh and Others Vs. Rajbir Singh and Others, the appellants are entitled for an amount of Rs. 1,00,000/- for loss of love and affection and Rs. 25,000/- towards funeral expenses.

I find force in the submission of ld. Counsel for the appellant. Keeping in view the dictum of Rajesh & Ors. (Supra), I enhance Rs. 1,00,000/- from Rs. 25,000/- for loss of love and affection and Rs. 25,000/- from Rs. 5,000/- towards funeral expenses.

Keeping in view the age of the deceased and as per the dictum of Rajesh and Ors. (supra), the appellants are entitled for future prospects. Therefore, I grant 50% towards future prospects.

Accordingly, the compensation would be as under:-

Resultantly, the enhanced amount of compensation would comes to Rs. 1,17,500/- (Rs. 2,62,500/- - Rs. 1,45,500/-). The enhanced amount will carry interest @ 7.5% as awarded by the learned Tribunal from the date of the filing of the petition till its realization.

Respondent/Insurance Company is directed to deposit the enhanced compensation amount along with interest @ 7.5% per annum within five weeks from today with the Registrar General of this Court, failing which, appellants shall be entitled for penal interest @ 12% per annum on account of delayed payment.

On deposit, the Registrar General is directed to release the amount in favour of the appellants proportionately in terms of order dated 31.03.2012.

The instant appeal is allowed on the above terms. There is no order as to costs.