United India Insurnace Co Ltd v. Shikha Goel & ORS

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 344/2018 UNITED INDIA INSURNACE CO LTD ..... Appellant Through:

Mr. Pankaj Gupta, Advocate for Ms.

Suman Bagga, Advocate.

versus SHIKHA GOEL & ORS ..... Respondents Through:

Mr. Jatinder Kamra, Advocate for R-1 to R-4.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 19.02.2020 CM APPL. 5263/2020 The learned counsel for the petitioner submits that there is an error in the judgment dated 26.11.2019, inasmuch as in para 2, it has been recorded that the interest on deposits for the relevant period was Rs. 2,442/- instead of Rs. 33,565/- as mentioned in the ITR.

The total gross income of the deceased was Rs. 3,43,565/-, which included an interest income of Rs. 33,565/-; the said amount shall be deducted from the gross income. Accordingly, Rs. 3,10,000/- would be the gross income on which taxes of Rs. 24,800/- would be deducted. The net dependent income, post taxes, would be Rs. 2,85,200/- (Rs. 3,10,000/- - Rs. 24,800/-). Therefore, the amount payable towards 'loss of dependency' shall be:

Rs, 2,85,200/- (net income) x 15 (multiplier) + 40% (loss of future prospects) x 75/100 (1/4th deduction towards personal expenses) = Rs. 44,91,900/-.

The order stands modified accordingly.

The application is allowed and disposed-off in the above terms. NAJMI WAZIRI, J FEBRUARY 19, 2020 AB