Smt. Shimlesh Devi and Others vs Sh. Sukhbir Singh and Others

G.P. Mittal, J.—The Appeal is for enhancement of compensation of Rs. 6,18,503/- awarded in favour of the Appellant for the death of Samunder Pal who died in a motor vehicle accident which occurred on 29.01.2008. During inquiry before the Claims Tribunal it was proved that the deceased was working as a Conductor on contract basis with the Delhi Transport Corporation (DTC) and was getting a salary of Rs. 4895/- per month. The Claims Tribunal found that there were five dependents, therefore, it proceeded to deduct one-fourth of the deceased''s income towards his personal and living expenses and applied the multiplier of 13, as the deceased was aged 46 years, to compute the loss of dependency.

The only ground of challenge raised by the Appellants is that even in the absence of any evidence with regard to future prospects, the Appellants were entitled to an addition of 30% on account of inflation on the basis of the report of the Supreme Court in Santosh Devi Vs. National Insurance Company Ltd. and Others, .

This Court in Rakhi v. Satish Kumar & Ors. (MAC. APP. 390/2011) decided on 16.07.2012, referred to the reports of the Supreme Court in General Manager, Kerala State Road Transport Corporation, Trivandrum Vs. Mrs. Susamma Thomas and others, , Smt. Sarla Dixit and another Vs. Balwant Yadav and others, , Bijoy Kumar Dugar Vs. Bidyadhar Dutta and Others, , Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, and Santosh Devi Vs. National Insurance Company Ltd. and Others, and held that even in the absence of any evidence with regard to future prospects Santosh Devi provides for an increase of 30% towards inflation in the victim''s income in case of self employed persons and persons having fixed income.

In view of the above, the Appellants are entitled to an increase of 30% in the income to compute the loss of dependency.

The loss of dependency thus comes to Rs. 7,39,053/- (4859/- + 30% x 12 x 3/4 x 13) as against Rs. 5,68,503/- awarded by the Claims Tribunal.

Consequently, there is an enhancement of Rs. 1,70,550/- in the overall compensation awarded which shall carry interest @ 7.5% per annum from the date of filing of the Petition till its payment.

The enhanced compensation shall enure for the benefit of the First Appellant, the deceased''s widow.

The enhanced compensation shall be deposited with the Claims Tribunal by Respondent No. 3 IFFCO Tokio General Insurance Company Limited within six weeks.

The Appellants shall make up the deficiency of Rs. 250/- in the Court fees within four weeks.

The Appeal is allowed in above terms. Pending Applications also stand disposed of.