The New India Assurance Co. Ltd. vs N.K. Setia & Ors

$~R~30
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                        Date of Decision: 17th August, 2016

+     MAC.APP. 317/2008

      THE NEW INDIA ASSURANCE CO. LTD.         ..... Appellant
                    Through: Mr. Pankaj Seth, Adv.

                           versus
      N.K. SETIA & ORS                                     ..... Respondents
                     Through:            Mr. Bhupesh Narual, Adv for
                                         respondents No.1 to 3.

      CORAM:
      HON'BLE MR. JUSTICE J.R. MIDHA

                           JUDGMENT (ORAL)

C.M. Appl. 7250/2008 The delay in filing the appeal is condoned.

Application is disposed of.

MAC.APP. 317/2008

1. The appellant has challenged the award dated 06th December, 2007 whereby compensation of Rs.27,30,472/- has been awarded to claimants/respondents No.1 to 3.

2. The accident dated 17th October, 2006 resulted in the death of Sushma Setia. The deceased was aged 50 years at the time of the accident and was survived by her husband and two sons. The deceased was working as Senior Auditor in the Office of Director General of Audit, Defence Service and was earning Rs.20,496/- per month. The Claims Tribunal added 50% towards future prospects, deducted 1/3rd towards her personal expenses and applied the multiplier of 11 to compute the loss of dependency as Rs.27,05,472/-. The Claims Tribunal awarded Rs.15,000/- towards loss of consortium and MAC.APP 317/2008 Page 1 of 1 Rs.10,000/- towards funeral expenses. The total compensation awarded was Rs.27,30,472/-.

3. The appellant challenged the award on the following grounds:

(i) The future prospects should not be taken into consideration;

(ii) The respondents were not dependent upon the deceased.

4. Learned counsel for the respondents submits that the deceased was in government service with 10 years of service left and her salary would have increased by not less than 50% as per the government rules. It is further submitted that the two sons of the deceased were dependent upon the deceased. It is further submitted that the deceased was aged 50 years and the appropriate multiplier at the age of 50 years is 13, whereas the Claims Tribunal has applied the multiplier of 11. It is further submitted that the Claims Tribunal has not awarded any compensation for loss of love and affection, and loss of estate. The compensation towards loss of consortium is also on a lower side. It is further submitted that the Claims Tribunal has awarded the interest @ 7% per annum whereas the appropriate rate of interest is 9% per annum.

5. On careful consideration of the contentions urged by learned counsels for the parties, this Court is of the view that the two dependant sons of the deceased are entitled to the compensation. With respect to the future prospects, this Court is of the view that the same does not warrant any interference considering that the Claims Tribunal has applied a lower multiplier of 11 instead of 13, no compensation has been awarded towards loss of love/affection and loss of estate, and lower rate of interest of 7% per annum has been awarded instead of 9% per annum.

6. The appeal is dismissed.

7. Learned counsel for the respondents submits that the respondents have received the award amount from the Claims Tribunal.

8. Copy of this judgment be given dasti to counsels for the parties under signatures of the Court Master.

C.M. Appl. 7249/2008 Application is disposed of.

J.R. MIDHA, J.

AUGUST 17, 2016 rsk MAC.APP 317/2008 Page 3 of 3