Delhi High CourtAnita vs Raju & Ors on 7 September, 2022$~\n                      *      IN THE HIGH COURT OF DELHI AT NEW DELHI\n\n                      %                                      Reserved on : 22.08.2022\n                                                           Pronounced on: 07.09.2022\n\n                      +      MAC.APP. 808/2010\n                             ANITA                                         ..... Appellant\n                                               Through:    Mr. Saurav Kansal, Ms. Pallavi\n                                                           Sharma Kansal and Mr. Arjun Giri,\n                                                           Advocates.\n\n                                               versus\n\n                             RAJU & ORS                                     ..... Respondents\n                                               Through:    Mr. J. P. N. Shahi, Advocate for\n                                                           respondent No. 3.\n\n                            CORAM:\n                            HON'BLE MR. JUSTICE GAURANG KANTH\n\n                                                    JUDGMENTGAURANG KANTH, J.1.In the present Appeal, the Appellant who is the mother of the\n                           deceased minor, is impugning the Award dated 15.09.2010 passed\n                           by the learned Presiding Officer, MACT, Delhi in Suit No.177/2009\n                           titled asAnita Vs. Raju. The Appellant prays for the enhancement of\n                           the compensation amount. Vide the said award, the learned Tribunal\n                           was pleased to grant a total compensation of Rs.2,50,000/-\n                           (Rs.2,40,000/- towards loss of income, Rs.5,000/- towards loss of\n                           Estate and Rs.5,000/- towards funeral expenses) with interest @MAC.APP. 808/2010                                              Page 1 of 9Signature Not VerifiedDigitally Signed By:RITUDHIRANIASigning Date:09.09.202217:02:177.5% p.a. from the date of presentation till the date of realization in\n                           favour of the Appellant herein.2.   The unfortunate accident dated 26.04.2009 resulted in the death of\n                           Alekh Kumar, who was aged 13 years and 4 months and was\n                           studying in the 10th-11th standard at the time of the alleged incident.\n                           On the day of the fateful accident, Alekh Kumar was travelling\n                           pillion with Vineet (PW2) on his scooter. At Jhuggi Village\n                           Sindhora Kalan, Sarai Rohilla, they were hit from behind by a bus\n                           bearing no. DL-1PB-3040 that was being recklessly and rapidly\n                           driven by Respondent No. 1. The deceased died in the accident\n                           which resulted after being falling on the road and being run over by\n                           the negligent vehicle. FIR No. 110/2009 dated 26.04.2009 was\n                           registered against the Respondent No. 1, the bus driver of Delhi\n                           Roadways, underSections 279/337/304of the Indian Penal Code at\n                           Police Station P.S. Sarai Rohilla, New Delhi.3.   The Appellant, mother of the deceased filed a claim petition before\n                           the Motor Accident Claim Tribunal. It is her case that her son was\n                           studying and was earning Rs.6,000/- p.m by selling vegetables on\n                           Rehri. However, the Appellant could not adduce any proof to the\n                           said effect and hence the learned Tribunal presumed the income of\n                           the deceased as Rs.15,000/- p.a as per secondSchedule of the Motor\n                           Vehicles Act, 1988and calculated the loss of income as\n                           Rs.2,40,000/-(Rs.15,000X16). In addition, the learned Tribunal\n                           granted Rs.5,000/- each towards 'Funeral Expenses' and 'Loss of\n                           Estate'. The learned Tribunal granted interest @ 7.5% p.a. from the\n                           date of presenting the claim petition till realization.MAC.APP. 808/2010                                                Page 2 of 9Signature Not VerifiedDigitally Signed By:RITUDHIRANIASigning Date:09.09.202217:02:174.   Aggrieved by the inadequacy of the amount awarded as\n                           compensation by the learned Tribunal, the Appellant preferred the\n                           present Appeal against the impugned award underSections 140and166of the Motor Vehicles Act, 1988 for enhancement of the\n                           compensation awarded to her.5.    Mr. Saurav Kansal, learned counsel for the Appellant argued that\n                           the deceased was around 15 years old and was in good health. The\n                           deceased was a student who supported his mother by doing part time\n                           jobs like selling vegetables and giving tuition to children. The\n                           deceased was a brilliant student who studied hard despite the\n                           family's poor financial situation and was confident of a bright future\n                           prospects. Therefore, it may be assumed that he had high aspirations\n                           for his future. It is the contention of the Appellant that the learned\n                           Tribunal erred in fixing the income of the deceased as Rs.15,000/-\n                           p.a. based on the second schedule of theMotor Vehicles Act. The\n                           learned Counsel for the Appellant further argued that in view of the\n                           lawlaid down bythe Hon'ble Supreme Court in the case of Sarla\n                           Verma & Ors. Vs DTC & Anr. reported as 2009 (6) SCC 121 and\n                           National Insurance Co. v. Pranay Sethireported as 2017 (16) SCC\n                           680, the Appellant is entitled for enhancement of the compensation.6.   Mr. J. P. N. Shahi, learned Counsel for the Respondent No.3\n                           contended that the accident took place due to the rash and negligent\n                           driving of Vineet (PW-2). He further submitted that the Appellant\n                           has failed to prove the income of the deceased by leading any\n                           evidence and hence the learned Tribunal had rightly fixed theMAC.APP. 808/2010                                               Page 3 of 9Signature Not VerifiedDigitally Signed By:RITUDHIRANIASigning Date:09.09.202217:02:17income of the deceased based on the second schedule of theMotor\n                           Vehicles Act, 1988.7.   This Court has heard arguments advanced by both the parties and\n                           has examined the records placed before this Court. On perusal of the\n                           record, this Court observes that the learned Tribunal has fixed the\n                           income of the minor deceased as Rs.15,000/- p.a based on the second\n                           schedule of theMotor Vehicles Act, 1988. The Hon'ble Supreme\n                           Court had examined the issue of whether the notional income of\n                           Rs.15,000/- p.a. based on the second schedule of theMotor Vehicles\n                           Act, 1988is adequate compensation for a non-earning member inKurvan Ansari v. Shyam Kishore Murmu, reported as (2022) 1\n                           SCC 317 and held, inter alia, as follows:"12. In the judgment in the case of Puttamma & Ors.,\n                                    this Court has observed that the Central Government\n                                    was bestowed with the duties to amend Schedule-II in\n                                    view ofSection 163-A (3)of the Motor Vehicles Act\n                                    1988, but it failed to do so. In view of the same,\n                                    specific directions were issued to the Central\n                                    Government to make appropriate amendments to\n                                    Schedule-II keeping in mind the present cost of living.Inthe said judgment, till such amendments are made,\n                                    directions were issued for award of compensation by\n                                    fixing a sum of Rs.1,00,000/- (Rupees one lakh only)\n                                    towards compensation for the non-earning children up\n                                    to the age of 5 (five) years old and a sum of\n                                    Rs.1,50,000/- (Rupees one lakh fifty thousand only) for\n                                    the non- earning persons of more than 5 (five) years\n                                    old.13. In the case of R.K. Malik & Anr. also, this Court\n                                    has observed that the notional income fixed\n                                    underSection 163-Aof the Motor Vehicles Act, 1988MAC.APP. 808/2010                                               Page 4 of 9Signature Not VerifiedDigitally Signed By:RITUDHIRANIASigning Date:09.09.202217:02:17as Rs.15,000/- per annum should be enhanced and\n                                    increased as the same continued to exist without any\n                                    amendment since 14.11.1994. In the case of Kishan\n                                    Gopal & Anr. where the deceased was a ten years old\n                                    child, this Court has fixed his notional income at\n                                    Rs.30,000/- per annum.14. In this case, it is to be noted that the accident was\n                                    on 06.09.2004. In spite of repeated directions,\n                                    Schedule-II is not yet amended. Therefore, fixing\n                                    notional income at Rs.15,000/- per annum for non-\n                                    earning members is not just and reasonable.15. In view of the judgments in the cases in Puttamma\n                                    & Ors., R.K. Malik & Anr. and Kishan Gopal & Anr.,\n                                    we are of the view that it is a fit case to increase the\n                                    notional income by taking into account the inflation,\n                                    devaluation of the rupee and cost of living. In view\n                                    of the same, the judgment in the case of Rajendra\n                                    Singh & Ors. relied on by the learned counsel for\n                                    respondent No.2-Insurance Company would not render\n                                    any assistance to the case of the insurance company.16. In view of the above, we deem it appropriate to\n                                    take notional income of the deceased at Rs.25,000/-\n                                    (Rupees twenty five thousand only) per annum."8.     In the present case, the deceased was 13 years 4 months old at the\n                             time of death. It is an undisputed fact that the deceased used to\n                             contribute to the family income by doing part time jobs. This Court\n                             also notes the age of the Appellant at the time of the accident was\n                             34 years. Hence considering the overall circumstances of the\n                             present case and based on the parameters as applied by the Hon'ble\n                             Supreme Court in the case ofKishan Gopal & Ors Vs Lala & Orsreported as 2014 (1) SCC 244, the income of the deceased is fixed\n                             at Rs.30,000/- p.a. Since the deceased was 13 years 4 months atMAC.APP. 808/2010                                                 Page 5 of 9Signature Not VerifiedDigitally Signed By:RITUDHIRANIASigning Date:09.09.202217:02:17the time of death, multiplier of 15 is to be applied in terms of\n                             judgment passed by the Hon'ble Supreme Court in the case of\n                             Sarla Verma (Supra). Further, since the deceased was aged 13\n                             years at the time of alleged incident, an addition of 40% of the\n                             established income should be granted under the head 'Future\n                             Prospects'.With regard to deduction to be made towards 'Personal\n                             and Living Expenses', the Hon'ble Supreme Court inPranay Sethi(Supra) upholds the deduction ascertained in the case of Sarla\n                             Verma (supra).As per the Judgment passed by the Hon'ble\n                             Supreme Court in the case of Sarla Verma (Supra) deduction are\n                             to be calculated as under: -"14. Though in some cases the deduction to be made\n                                    towards personal and living expenses is calculated on\n                                    the basis of units indicated in Trilok Chandra, the\n                                    general practice is to apply standardized deductions.\n                                    Having considered several subsequent decisions of\n                                    this Court, we are of the view that where the deceased\n                                    was married, the deduction towards personal and\n                                    living expenses of the deceased, should be one-third\n                                    (1/3rd) where the number of dependent family\n                                    members is 2 to 3, one-fourth (1/4th) where the\n                                    number of dependant family members is 4 to 6, and\n                                    one-fifth (1/5th) where the number of dependant\n                                    family members exceed six.15. Where the deceased was a bachelor and the\n                                    claimants are the parents, the deduction follows a\n                                    different principle. In regard to bachelors, normally,\n                                    50% is deducted as personal and living expenses,\n                                    because it is assumed that a bachelor would tend to\n                                    spend more on himself. Even otherwise, there is also\n                                    the possibility of his getting married in a short time, in\n                                    which event the contribution to the parent/s andMAC.APP. 808/2010                                                  Page 6 of 9Signature Not VerifiedDigitally Signed By:RITUDHIRANIASigning Date:09.09.202217:02:17siblings is likely to be cut drastically. Further, subject\n                                    to evidence to the contrary, the father is likely to have\n                                    his own income and will not be considered as a\n                                    dependant and the mother alone will be considered as\n                                    a dependent. In the absence of evidence to the\n                                    contrary, brothers and sisters will not be considered as\n                                    dependents, because they will either be independent\n                                    and earning, or married, or be dependent on the\n                                    father.Thus, even if the deceased is survived by\n                                    parents and siblings, only the mother would be\n                                    considered to be a dependant, and 50% would be\n                                    treated as the personal and living expenses of the\n                                    bachelor and 50% as the contribution to the family.\n                                    However, where family of the bachelor is large and\n                                    dependant on the income of the deceased, as in a case\n                                    where he has a widowed mother and large number of\n                                    younger non-earning sisters or brothers, his personal\n                                    and living expenses may be restricted to one-third\n                                    and contribution to the family will be taken as two-\n                                    third."9.     It is borne out from the records that the deceased was survived by\n                             his mother. Accordingly, in terms of the aforesaid judgments\n                             deduction towards personal and living expenses of the deceased\n                             should be 50%.         Hence, the Appellant is entitled for a\n                             compensation under the pecuniary head and under the conventional\n                             heads as per the law laid down by the Hon'ble Supreme Court in\n                             the case ofPranay Sethi(Supra),Magna General Insurance\n                             Company Ltd Vs Nanu Ramalias Chuhru Ram reported as\n                             2018(18) SCC 130 and United India Insurance Company Ltd Vs\n                             Satinder Kaurreported as 2020 SCC Online SC 410.10.   In view of the above discussion the impugned Award dated\n                            15.09.2010 is modified to the following extent:MAC.APP. 808/2010                                                  Page 7 of 9Signature Not VerifiedDigitally Signed By:RITUDHIRANIASigning Date:09.09.202217:02:17i. 'Loss of dependency' is calculated as1. Rs. 30,000/- + 40% (Rs. 12,000/-) =\n                                               Rs. 42,000/-2. Rs. 42,000/- less 1/2 deduction (Rs. 21,000/-)\n                                                = Rs. 21,000/-3. Rs. 21000 X 15 = Rs. 3,15,000/-ii.     'Loss of Consortium' is computed as Rs. 44,000 X 1 =\n                                          Rs. 44,000/- to be paid to the claimant.iii.     'Loss of Estate' is quantified as Rs. 16,500/- to be paid\n                                          to the claimant.iv.      'Funeral Expenses is quantified as Rs. 16,500/- to be\n                                          paid to the claimant.11.    Total compensation to be paid to claimant is; Rs. 3,15,000/- +\n                             Rs. 44,000/-+Rs. 16,500/-+Rs. 16,500/- = Rs. 3,92,000/-12.    Hence in view of the discussion herein above, the Appellant is\n                             entitled for a total compensation of Rs.3,92,000/- (Rs. 3,15,000/- +\n                             Rs. 44,000/-+Rs. 16,500/-+Rs. 16,500/-). The learned Tribunal\n                             granted interest at the 7.5% p.a. from the date of presentation till\n                             the date of realization. This Court finds no reason to interfere with\n                             the interest as awarded by the learned Tribunal.13.    In view of the above discussion, the present Appeal is allowed and\n                             compensation is enhanced to Rs. 3,92,000/- with interest @ 7.5.%\n                             p.a. from the date of presentation till the date of realization.14.    However, in view of the statement made by learned counsel for the\n                             appellant, the appellant shall not be entitled for interest during theMAC.APP. 808/2010                                                    Page 8 of 9Signature Not VerifiedDigitally Signed By:RITUDHIRANIASigning Date:09.09.202217:02:17period when the petition stood dismissed i.e. from 05.08.2011 to\n                             11.12.2018.15.    The Respondent No.3, Insurance Company is directed to deposit\n                             the differential amount between the original awarded amount and\n                             the present enhanced amount with the Registrar General of this\n                             Court within 4 weeks. Upon the deposit of the enhanced amount,\n                             the same shall be released to the Appellant immediately in\n                             accordance with law. The statutory deposit shall also be released to\n                             the Appellant.16.    The present Appeal is allowed and is disposed of in terms of above\n                             direction. No order as to costs.GAURANG KANTH, J.SEPTEMBER 07, 2022MAC.APP. 808/2010                                               Page 9 of 9Signature Not VerifiedDigitally Signed By:RITUDHIRANIASigning Date:09.09.202217:02:17