ICICI Lombard General Insurance Co Ltd v. Jaipal Singh
2012-02-24
G.P.MITTAL
body2012
DigiLaw.ai
JUDGMENT G. P. MITTAL, J. 1. These are two Appeals where a common question of law is involved. In MAC APP.584/2011 the Appellant ICICI Lombard General Insurance Company Limited seeks reduction of compensation of Rs. 6,24,400/- awarded for the death of Tarun Kumar, who was a student of B.Sc. final year. The accident in this case took place on 03.09.2009. 2. In MAC APP.524/2011 a compensation of Rs. 6,01,400/-was awarded for the death of Sachin, who was aged about 20 years and who was a student of B. Com, Second Year in Delhi University. 3. Both were bachelors. 4. In the case of Tarun’s death, it was claimed that the deceased was imparting tuitions and was earning Rs. 7,000/-per month. In the absence of any documentary evidence minimum wages of a matriculate were taken, after making addition of 50% towards the inflation, 50% was deducted towards the personal and living expenses, the multiplier of ‘14’ as per the age of the deceased’s mother was applied and the loss of dependency was calculated at Rs. 5,54,400/-. After adding a sum of Rs. 50,000/-towards loss of love and affection, Rs. 10,000/-towards funeral expenses and Rs. 10,000/-towards loss to estate, an overall compensation of Rs. 6,24,400/-was awarded. 5. In the case of death of Sachin it was also claimed that the deceased was imparting tuitions and was earning Rs. 7,000/-per month. Here also, the Claims Tribunal took the minimum wages of a matriculate i.e. Rs. 4200/-, added 50% towards the inflation, took the monthly dependency as Rs. 3150/-(deceased being bachelor), applied the multiplier of ‘13’ as per the age of the deceased’s mother to compute the loss of dependency as Rs. 4,91,400/-. The overall compensation awarded by the Claims Tribunal is tabulated hereunder:- 6. It is urged by the learned counsel for the Appellants that addition on account of inflation was not permissible in law. I need not go into that question because potential income can be taken into consideration where deceased is pursuing a professional course or is in the last leg of his Graduation. 7. In the case of a student pursing a professional course, the Tribunal is to consider the potential income of the deceased after completion of the course. In the case of Sl. No. Compensation under various heads Awarded by the Claims Tribunal 1. Loss of Dependency Rs. 4,91,400/- 2. Loss of Love & Affection Rs. 25,000/- 3.
7. In the case of a student pursing a professional course, the Tribunal is to consider the potential income of the deceased after completion of the course. In the case of Sl. No. Compensation under various heads Awarded by the Claims Tribunal 1. Loss of Dependency Rs. 4,91,400/- 2. Loss of Love & Affection Rs. 25,000/- 3. Funeral Expenses Rs. 10,000/- 4. Loss to Estate Rs. 10,000/- 5. For Treatment / Medicines Rs. 65,000/- Total Rs. 6,01,400/- Haji Zainullah Khan (Dead) by Lrs. v. Nagar Mahapalika, Allahabad, 1994 (5) SCC 667 , death of a young boy, aged 20 years took place in an accident which happened in the year 1972. The deceased was a student of B.Sc Ist year (Biology), a compensation of Rs. 1,46,900/-was increased and rounded off to Rs. 1,50,000/-. 8. In Ganga Devi & Ors. v. New India Assurance Co. Ltd. & Ors., MAC APP. 359/2008, decided by this Court on 23.11.2009, which related to the death of a student (studying medicine) who was doing internship and was to be awarded MBBS degree in a short time, the Tribunal awarded a compensation of Rs. 9,35,352/-on the basis of the minimum wages of a Graduate. This Court observed that although the deceased was getting a stipend of Rs. 5,000/-per month at the time of his death in the accident, he would have ultimately joined as a doctor at a salary ranging between Rs. 16,000/-per month to Rs. 25,000/-per month. Thus, average monthly income of the deceased was taken as Rs. 18,000/-and after adding 50% towards future prospects, the compensation was enhanced to Rs. 21,36,000/-. 9. In the circumstances, taking the monthly income of deceased Tarun, in MAC APP.581/2011, as Rs. 6600/-cannot be faulted. 10. A sum of Rs. 50,000/-was awarded towards the loss of love and affection. The trend of High Courts and the Supreme Court is to award a sum of Rs. 25,000/-only towards the loss of love and affection because this loss can never be measured in terms of money. In Sunil Sharma v. Bachitar Singh (2011) 11 SCC 425 and in Baby Radhika Gupta v. Oriental Insurance Company Limited (2009) 17 SCC 627 a sum of Rs. 25,000/-was awarded towards the loss of love and affection. 11. The overall compensation of Rs. 6,24,400/-awarded for the death of a B.Sc. final year student from Delhi University cannot be said to be exorbitant or excessive.
25,000/-was awarded towards the loss of love and affection. 11. The overall compensation of Rs. 6,24,400/-awarded for the death of a B.Sc. final year student from Delhi University cannot be said to be exorbitant or excessive. The deceased Tarun Kumar did have a capacity to earn atleast Rs. 6600/-per month. 12. I do not find any ground to interfere in the impugned judgment. The Appeal is devoid of any merit, the same is accordingly dismissed. MAC APP.524/2011 13. The Claims Tribunal, as stated above, took the deceased Sachin’s income to be Rs.6300/-, after deducting 50% towards personal living expenses, applied the multiplier of ‘13’ and the loss of dependency was computed as Rs. 4,91,400/-. 14. The potential income of Rs. 6300/-per month for a student of B.Com. Second Year in Delhi University cannot be said to be on the higher side. The overall compensation of Rs. 6,01,400/-which includes a sum of Rs. 65,000/-towards treatment for the injuries till he succumbed to the same cannot be said to be exorbitant or excessive. 15. The Appeal is without any merit, the same is accordingly dismissed.