SURTI GUPTA Vs. UNITED INDIA INSURANCE CO. & ANR.
Supreme Court of India (Division Bench (DB)- Two Judge)
Appeal (Civil), 2933 of 2015, Judgment Date: Mar 17, 2015
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It has also been observed by the High Court for the purpose of calculation of future loss of dependency of the appellant that the deceased at the time of the accident on 10.7.1990 was drawing a salary of Rs.4,214/- per month and was 45 years of age. However, we are of the view that the salary of the deceased at the time of her death taken by the High Court is on the lower side considering that she was employed as a permanent teacher in a government school and she must have had at least 20-25 years of work experience at the time of her death. Therefore, on considering the facts, circumstances, pleadings and evidence on record in the present case, we are of the view that it would be just and proper to take the monthly income of the deceased at Rs.6,000/- per month. -
Thus, the total enhanced compensation payable to the appellant by the respondent-Insurance Company will be Rs.10,98,600/- with interest at the rate of 9% p.a. from the date of filing of the application till the date of payment. -
The appeal is allowed as per the above said directions.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.2933 OF 2015
(Arising out of SLP(C) NO. 1868 of 2014)
SURTI GUPTA ...APPELLANT
Vs.
UNITED INDIA INSURANCE CO. & ANR. ...RESPONDENTS
J U D G M E N T
V. GOPALA GOWDA, J.
Delay condoned. Leave granted.
This appeal has been filed by the appellant being dissatisfied with the
impugned Judgment and award dated 02.07.2012 passed in FAO No.1647 of 1992
(O & M) by the High Court of Punjab and Haryana at Chandigarh wherein the
High Court has awarded the compensation amount of Rs.6,30,000/- to the
appellant.
The relevant facts are stated hereunder to appreciate the case with a
view to determine whether the appellant is entitled for enhancement of
compensation amount as prayed in this appeal.
On the night intervening 9/10.07.1990 at around 12:30 a.m., Parmod Bala,
mother of the appellant, who along with five other passengers were
travelling in a Maruti Car bearing registration No. PBW-8399, met with an
accident near Oasis Tourist Complex on G. T. Road near Uchana village,
Police Station Sadar Karnal, when a truck bearing registration No. PIB-5733
being driven rashly and negligently by respondent no. 2 coming from the
opposite direction collided with the said car. Parmod Bala succumbed to the
injuries caused to her due to the accident on the same day. An FIR No. 262
was registered on 10.7.1990 at the Police Station, Sadar Karnal under
Sections 279/337/304-A of the I.P.C. against respondent no. 2 herein.
The appellant being the only surviving legal representative, who was the
adopted child of the deceased, filed a claim petition No.89 of 1990 before
the M.A.C.T., Karnal seeking for compensation for the death of her deceased
mother. The appellant at the time of the accident was 15 years of age and
was wholly dependent on her mother. The Tribunal by its award dated
11.11.1991 dismissed the said claim petition filed by the appellant on the
ground that she could not prove to be a legal representative of the
deceased.
Aggrieved by the said award of the Tribunal, the appellant filed FAO
No.1647 of 1992 before the High Court of Punjab and Haryana at Chandigarh.
The High Court allowed the appeal filed by the appellant and set aside the
award of the Tribunal and awarded an amount of Rs.6,30,000/- to the
appellant. The relevant portion of the judgment and award of the High Court
is extracted hereunder to examine the break-up of figures and calculation
made by the High Court before arriving at the above said compensation
amount of Rs. Rs.6,30,000/- awarded under different heads payable to the
appellant by the respondent-Insurance Company.
"At the time of death, the deceased was said to have been working as a
teacher, drawing a salary of Rs.4,214/-. She was 45 years of age and as per
the formula prescribed in the judgment of the Hon'ble Supreme Court in
Sarla Verma Versus Delhi Transport Corporation and another [2009(6)SCC
121,] the prospect of increase in salary must have been duly provided for
by escalating the salary by another 30%. The average salary must be
Rs,5,478/- and if 1/3rd deduction were to be made for the personal
consumption of the deceased, the dependency for the appellant must be taken
as Rs.3,652/- per month. Providing for a multiplier of 14, the loss of
dependency will be Rs.6,13,536/-. To this sum shall be added the loss to
estate, funeral expenses and loss of love and affection, all of which, in
my view, add to another 15,000/-. In all, the total amount of compensation
that become payable, shall be Rs.6,28,536/-, which I round off to
Rs.6,30,000/-."
Being aggrieved of the compensation amount awarded by the High Court in
its impugned judgment and award, the appellant has filed this appeal
seeking for enhancement of compensation urging various grounds in support
of her claim.
It is contended by the learned counsel for the appellant that the High
Court has failed to appreciate the fact that at the time of the unfortunate
incident, the appellant was only 15 years of age and since then i.e. for
the last 25 years, the appellant has been suffering from mental trauma,
loss of love and affection of her deceased mother and virtually lost the
higher education and initial career building period of her life.
It is further contended by him that the High Court erred by awarding
only an addition of 30% to the actual salary of the deceased at the time of
her death towards future income prospects by ignoring the fact that the
deceased had a permanent job as a teacher in a Government school and
further the High Court has erred in taking the salary of the deceased at
the time of her death at Rs.4,214/- when the actual salary drawn was much
higher as she was working as a permanent teacher in a Government school.
On the other hand, the above contentions of the learned counsel on behalf
of the appellant have been rebutted by the learned counsel for the
respondent-Insurance Company by contending that the High Court has passed a
detailed and reasoned judgment and award after due application of
principles of law and after taking into consideration the legal principles
laid down in the latest judgments of this Court on the above relevant
aspects of the case. Hence, the same does not require interference by this
Court and prayed for dismissal of the appeal.
We have heard the learned counsel for both the parties and also examined
the facts and circumstances of the case and the evidence on record. It is
clear that the deceased at the time of her death was working as a teacher
in a Government school. It has been observed by the High Court that the
appellant had been adopted by the deceased, and was wholly dependent on her
mother at the time of the accident. It has also been observed by the High
Court for the purpose of calculation of future loss of dependency of the
appellant that the deceased at the time of the accident on 10.7.1990 was
drawing a salary of Rs.4,214/- per month and was 45 years of age. However,
we are of the view that the salary of the deceased at the time of her death
taken by the High Court is on the lower side considering that she was
employed as a permanent teacher in a government school and she must have
had at least 20-25 years of work experience at the time of her death.
Therefore, on considering the facts, circumstances, pleadings and evidence
on record in the present case, we are of the view that it would be just and
proper to take the monthly income of the deceased at Rs.6,000/- per month.
Further, on addition of 30% to the income of the deceased towards future
prospects as per the principles laid down by this Court in the case of
Sarla Verma v. Delhi Transport Corporation and Another[1], the monthly
income for the calculation of future loss of dependency of the appellant
would be Rs.7,800/- (Rs.6,000/- + 30% of Rs.6,000/-). Therefore, the annual
income comes to Rs.93,600/-. On deduction of 1/3rd of the annual income
towards personal expenses and applying the appropriate multiplier as per
the principles laid down by this Court in the case of Sarla Verma (supra),
the future loss of dependency suffered by the appellant is calculated at
Rs.8,73,600/- [(Rs.93,600/- (-) 1/3rd of Rs.93,600/-) X 14].
Further, the High Court has certainly erred in awarding a meagre amount of
only Rs.15,000/- for loss of estate, loss of love and affection and funeral
expenses. Therefore, we award Rs.1,00,000/- towards loss of love and
affection as per the decision of this Court in the case of Juju Kuruvila &
Ors. v. Kunjujamma Mohan & Ors.[2]. We also award an amount of Rs.1,00,000/-
towards loss of estate as per the decision of this Court in the case of
Kalpanaraj & Ors. v. Tamil Nadu State Transport Corporation[3]. Further, a
sum of Rs.25,000/- is awarded towards funeral expenses as per the
principles laid down by this Court in the case of Rajesh & Ors. v. Rajbir
Singh & Ors.[4]
The High Court has further erred in awarding an interest at the rate of 6%
per annum only, instead of 9% per annum on the compensation amount as per
the principles laid by this Court in the case of Municipal Corporation of
Delhi v. Association of Victims of Uphaar Tragedy[5]. We accordingly award
an interest at the rate of 9% per annum on the compensation amount.
In the result, the appellant shall be entitled to compensation under the
following heads:
|1. |Loss of dependency |Rs.8,73,600/- |
|2. |Loss of Estate |Rs.1,00,000/- |
|3. |Loss of love and affection |Rs.1,00,000/- |
|4. |Funeral expenses |Rs.25,000/- |
| |TOTAL |Rs. 10,98,600/- |
Thus, the total enhanced compensation payable to the appellant by the
respondent-Insurance Company will be Rs.10,98,600/- with interest at the
rate of 9% p.a. from the date of filing of the application till the date of
payment. The respondent-Insurance Company shall either pay by way of demand
draft in favour of the appellant or deposit the same with interest as
awarded, before the Motor Accidents Claims Tribunal, Karnal, after
deducting the amount already paid to the appellant, if any, within six
weeks from the date of receipt of the copy of this judgment.
The appeal is allowed as per the above said directions. No Costs.
..............................................................................
J.
[V.GOPALA GOWDA]
..............................................................................
J.
[C. NAGAPPAN]
New Delhi,
March 17, 2015
ITEM NO.1A-For Judgment COURT NO.9 SECTION IVB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s)........./2015 arising from SLP(C) No.1868/2014
SURTI GUPTA Appellant(s)
VERSUS
UNITED INDIA INSURANCE CO. & ANR. Respondent(s)
Date : 17/03/2015 This petition was called on for pronouncement of JUDGMENT
today.
For Appellant(s)
Mr. Abhay Kumar,Adv.
For Respondent(s)
Ms. Manjeet Chawla,Adv.
Hon'ble Mr. Justice V.Gopala Gowda pronounced the judgment of
the Bench comprising His Lordship and Hon'ble Mr. Justice C. Nagappan.
Delay condoned.
Leave granted.
The appeal is allowed in terms of the signed Non-Reportable
Judgment.
(VINOD KR.JHA) (TAPAN KUMAR CHAKRABORTY)
COURT MASTER COURT MASTER
(Signed Non-Reportable Judgment is placed on the file)
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[1] 2009(6)SCC 121
[2] (2013)9 SCC 166
[3] 2014 (5) SCALE 479
[4] (2013) 9 SCC 54
[5] (2011) 14 SCC 481
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|NON REPORTABLE |