Bajaj Allianz General Insurance ... vs Saroj & Ors.
2009 Latest Caselaw 3004 Del

26
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                         +       MAC.APP.372/2009

%                                    Date of decision: 4th August, 2009


      BAJAJ ALLIANZ GENERAL
      INSURANCE CO. LTD.                       ..... Appellant
                     Through : Mr. Atul Nanda, Adv.

                       versus

      SAROJ & ORS.                                  ..... Respondents
                             Through : None.


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

1.      Whether Reporters of Local papers may
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?

3.      Whether the judgment should be
        reported in the Digest?

                                JUDGMENT (Oral)

CM Nos.10642-43/2009 (Exemption)

1. Allowed, subject to just exceptions.

2. Both CMs stand disposed of.

MAC.APP. No.372/2009 and CM No.10641/2009

1. Issue notice to claimants/respondent Nos.1 to 8 returnable

on 15th September, 2009.

2. The LCR be requisitioned before the next date of hearing.

3. This case relates to the death of Raghubir Singh aged about

50 years. The deceased was survived by his widow, one son and

six daughters who filed the claim petition before the learned

Tribunal. The deceased was earning Rs.14,696/- per month at

the time of the accident. The learned Tribunal has added 50% of

the salary of the deceased towards the future prospects and

deducted 1/4th towards the personal expenses of the deceased

and applied the multiplier of 13 to compute the loss of

dependency at Rs.25,79,148/-. Rs.25,000/- has been awarded

towards the loss of love and affection, funeral expenses and loss

of estate. The total compensation was awarded at Rs.26,04,148/.

4. The learned counsel for the appellant submits that the

learned Tribunal erred in adding 50% of the income of the

deceased towards the future prospects of the deceased.

According to the recent judgment of the Hon'ble Supreme Court

in the case of Sarla Verma Vs. Delhi Transport Corporation,

2009 (6) Scale 129, the future prospects have to be taken by

adding 30% of the income of the deceased where the age of the

deceased is between 40-50 years. In the present case, the

deceased was aged about 50 years and by adding 30% of the

income of the deceased towards the future prospects, the income

of the deceased for computation of compensation comes to

Rs.19,104.8 [Rs.14,696 + Rs.4,408.8 (30% of Rs.14,696)]. After

deducting 1/4th towards the personal expenses of the deceased

and applying the multiplier of 13, the loss of dependency

computed to be Rs.22,35,261.60/- (Rs.19,104.8 X 3/4 X 12 X 13).

Adding Rs.25,000/- towards the loss of love and affection, loss of

estate and funeral expenses and Rs.10,000/- towards loss of

consortium, the total compensation is computed to be

Rs.22,70,262/-.

5. Considering the facts and circumstances of this case,

subject to the deposit of Rs.22,70,262/- along with interest

thereon @ 7.5% per annum from the date of filing of the petition

till deposit by the appellant with UCO Bank A/c Saroj, the

execution of the impugned award shall remain stayed.

6. Deposit be made by means of a account payee cheque

drawn in the name of UCO Bank A/c Saroj and be handed over to

Mr. M.M. Tandon, Member Retail-Team, UCO Bank Zonal,

Parliament Street, New Delhi (Mobile No. 09310356400).

7. The order with respect to the disbursement of the award

amount shall be passed on the next date of hearing after hearing

the claimants.

8. Copy of this order be given 'Dasti' to learned counsel for the

appellant under signatures of Court Master.

J.R. MIDHA, J

AUGUST 04, 2009 mk