Allowed

Kuldeep Singh Bawa & Ors` v. Tika Ram & Ors.

Delhi HC1 Mar 2012MAC.APP./1073/2011

Case brief

AI extract

What is this about?

In an appeal against a Motor Accidents Claims matter, the single judge allowed the appeal, enhanced compensation for loss of dependency by correcting income tax deductions and adding discrete sums for loss of love and affection, and directed the insurer to deposit the revised amount within six weeks.

What did the court decide?

Petition allowed; compensation enhanced to `7,69,300/`; insurer directed to deposit enhanced amount with interest within six weeks.

Kuldeep Singh Bawa & Ors` Vs Tika Ram & Ors. — Writ and Judicial Review | Delhi HC (2012)

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$~16

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision:1^st March, 2012

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+ MAC. APP. No.1073/2011

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KULDEEP SINGH BAWA & ORS.

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..... Appellants Through: Mr. O.P. Mannie with Mr. Manish Maini, Advocates

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Versus

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TIKA RAM & ORS ..... Respondents Through: Mr. Pankaj Seth, Advocate for the Respondent No.3 Insurance Company.

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CORAM:

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HON'BLE MR. JUSTICE G.P.MITTAL

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J U D G M E N T

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G. P. MITTAL, J. (ORAL)

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The Appellants seek enhancement of compensation of `6,54,000/- awarded for the death of Veena Bawa who died in an accident which occurred on 27.09.1994.

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The ground of challenge is that the judgment is silent on the aspect that the Claims Tribunal erred in calculating the Income Tax. Instead of calculating the Income Tax on the income beyond `35,000/-, it deducted Income Tax @ 20% on the entire income of the deceased. It is submitted that the Appellants

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Page 1 of 3

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MAC. APP. No.1073/2011

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were not granted any compensation under the head of loss of love and affection.

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The Appeal must succeed. The liability of Income Tax on the income of 52,020/- for the Assessment Year 1995-96 would come to 3,400/-. On applying the principle as suggested by Sarla Verma & Ors. v. Delhi Transport Corporation & Anr , (2009) 6 SCC 121, i.e. adding 50% towards future prospects, deducting 1/3^rd towards personal and living expenses and applying the multiplier of 15, the loss of dependency comes to `7,29,300/-.

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In addition to this, the Appellants would also be entitled to a sum of `10,000/- towards loss of love and affection.

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The compensation is re-computed as under:

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S.No.	Head of Compensation	Granted by the Claims Tribunal	Granted by this Court
1.	Loss of Dependency	`6,24,240/-	`7,29,300/-
2.	Loss of Love and	-	`10,000/-
	Affection
3.	Loss of Consortium	`10,000/-	`10,000/-
4.	Funeral Expenses	`10,000/-	`10,000/-
5.	Loss to Estate	`10,000/-	`10,000/-
	Total	`6,54,240/-	`7,69,300/-

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Page 2 of 3

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MAC. APP. No.1073/2011

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The overall compensation is thus enhanced from 6,54,240/- to 7,69,300/- which shall carry interest @ 7.5% per annum from the date of filing of the Petition till the date of payment.

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The Respondent No.3 National Insurance Company Ltd. is directed to deposit the enhanced amount of `1,15,060/- along with interest within six weeks with the Registrar General of this Court.

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The amount shall be equally disbursed between the three Appellants and shall be released on deposit.

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The Appeal is allowed in above terms.

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(G.P. MITTAL) JUDGE

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MARCH 01, 2012 pst

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Page 3 of 3

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MAC. APP. No.1073/2011

Kuldeep Singh Bawa & Ors` v. Tika Ram & Ors.

Case brief

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Kuldeep Singh Bawa & Ors` v. Tika Ram & Ors.

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