BADRI NATH Vs. SR SECTION ENGINEER MOTOR

JUDGEMENT

(1.) These three appeals have arisen out of the same incident i.e. the accident occurred on 9.3.2004 at Firozshah Road and Kasturba Gandhi Marg crossing; a TCR and a Toyota Qualis had collided with one another; there were six passengers in the TCR; five adults and one child; four persons had died and two had suffered injuries. One of the victims was a child victim. All the six petitions have been clubbed and common evidence had been led. The impugned Award dated 6.11.2009 had been passed.

(2.) Claim petition No. 520/2007 has been preferred by the legal representatives of the deceased baby Ganga; she was six years of age at the time of accident. Relying upon the judgment of R.K. Malik & Another v. Kiran Pal and Others, 2009 2 ACC 705 , a sum of Rs. 2,25,000 had been awarded under the head of pecuniary damages. Under the non-pecuniary head Rs. 10,000 had been awarded as funeral expenses. This part of the Award has been impugned. Learned Counsel for the appellant has placed reliance upon a judgment of this Court , National Insurance Company Ltd. v. Farzana, 2010 2 ACC 9 wherein in the case of a child victim Rs. 75,000 had been awarded for the 'pain and sufferings' and another sum of Rs. 75,000 for 'loss of future prospects'; this sum of Rs. 1,50,000 was awarded under the head of 'non-pecuniary damages'. The total awarded amount would thus in the case of a child victim come to Rs. 3,75,000. In the judgment of Farzana , the Court had placed reliance upon the parameters and guidelines laid down by R.K. Malik ; the impugned Award granting a sum of Rs. 10,000 under the non-pecuniary head thus suffers from an infirmity. The appellant in terms of the judgments of R.K. Malik and Farzana , is entitled to Rs. 2,25,000 under the head of pecuniary damages and a sum of Rs. 1,50,000 under the head of non-pecuniary damages totaling a sum of Rs. 3,75,000. The interest quotient remains the same. The impugned Awarded is accordingly modified in Claim Petition No. 520/2007.

(3.) Claim petition No. 506/2007 has been filed by the claimants of the victim Laxmi; she was 38 years of age at the time of accident; she had died about four months after the date of accident which was on 9.3.2004. Learned Counsel for the respondents submits that there is no nexus of the death of the victim with the injuries. Admittedly the victim remained in hospital for two months, contention of the appellant is that because of the grievous injuries sustained by her, death had resulted. These averments which were made on oath by the claimant of the deceased Laxmi i.e. in the affidavit of Sohan Lal have not been disputed; no cross-examination had been effected of Sohan Lal on this count. Death was clearly correlated to the accident. The affidavit of Sohan Lal had averred that his wife Laxmi was 38 years of age; she was doing work of knitting and stitching and was earning Rs. 4,000 per month. These facts also not having been controverted, the impugned Award has clearly erred in not granting any amount to the victim of deceased Laxmi on account of 'loss of dependency'. In terms of the judgment of this Court , Oriental Insurance Company Ltd. v. Pankaj Sharma & Others, 2010 2 ACC 150 a sum of Rs. 3,000 per month would be the correct figure for computing the income of the housewife in the absence of any documentary evidence to the contrary. Multiplier applied of 15 in terms of the judgment of , Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., 2009 6 Scale 129 the amount of Rs. 5,40,000 is thus calculated under the head of 'loss of dependency'. Under the non-pecuniary damages, medical bills have been reimbursed for Rs. 34,140; Rs. 5,000 on account of special diet and conveyance; Rs. 10,000 for 'loss of love and affection' and for funeral expenses Rs. 10,000; these amounts have not been assailed. Thus a total sum of Rs. 5,99,140 is awarded in favour of the claimant; the interest quotient shall remain the same. The impugned Awarded is accordingly modified in Claim Petition No. 506/2007.