Icici Lombard General Insurance ... vs Rani Verma & Ors.

*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                               Date of decision: 1st November, 2012
+        MAC. APP. 900/2012

         ICICI LOMBARD GENERAL INSURANCE CO.LTD. ..... Appellant
                       Through: Ms.Suman Bagga, Advocate
                                         versus
         RANI VERMA & ORS.                                      .... Respondents
                      Through:            Mr.Amit Kumar Pandey, Advocate for R-
                                          1 to R-2
         CORAM:
         HON'BLE MR. JUSTICE G.P.MITTAL
                          JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appeal is for reduction of compensation of ` 9,35,580/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of Respondents No.1 and 2 for the death of their son Ankit Chauhan, a bachelor, who died in a motor vehicle accident, which occurred on 28.11.2010.

2. The only ground of challenge raised by the learned counsel for the Appellant Insurance Company is that the multiplier ought to have been applied as per the age of the deceased's mother. The Claims Tribunal erred in applying the multiplier as per the age of the deceased.

3. It is well settled that in a Claim Petition filed by the legal representatives for the death of a person, the multiplier will be as per the age of the deceased or the Claimant, whichever is higher (U.P. State Road Transport Corporation & Ors. v. Trilok Chandra & Ors., (1996) 4 SCC

362).

4. The proposition of law is not disputed by the learned counsel for the Respondents.

5. In the circumstances, the appropriate multiplier as per age of the deceased's mother would be '15'. Thus the loss of dependency comes to ` 7,54,650/- (6450/- + 30% x 12 x 1/2 x15).

6. A perusal of the impugned judgment shows that a sum of ` 10,000/- was awarded towards loss of love and affection. Normally, a sum of ` 25,000/- is awarded under this head. The compensation for loss of love and affection is enhanced to ` 25,000/-.

7. The overall compensation thus comes to ` 7,99,650/- which is rounded off to ` 8,00,000/-

8. The excess compensation of ` 1,35,580/- along with proportionate interest and the interest accrued, if any, during the pendency of the Appeal shall be refunded to the Appellant Insurance Company.

9. The compensation awarded shall be disbursed/ held in fixed deposit in favour of the Claimants in terms of the order passed by the Claims Tribunal.

10. By an order dated 30.08.2012, the execution of the impugned award was stayed subject to payment of 75% of the award amount. The balance amount, if any, be deposited with the UCO Bank, Delhi High Court Branch.

11. The statutory deposit of `25,000/- be refunded to the Appellant Insurance Company, subject to making up deficiency in the Court fees of ` 734/-.

12. The Appeal is allowed in above terms.

13. Pending Applications also stand disposed of.

(G.P. MITTAL) JUDGE NOVEMBER 01, 2012 v MAC. APP. 900/2012 Page 3 of 3