Delhi High Court
New India Assurance Company vs Laxmi Devi & Ors. on 21 August, 2009
Author: J.R. Midha
10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.184/2009
% Date of decision: 21st August, 2009
NEW INDIA ASSURANCE COMPANY ..... Appellant
Through : Mr. S.L. Gupta, Adv.
versus
LAXMI DEVI & ORS. ..... Respondents
Through : Mr. N.K. Shangle, Mr. Rajeshwar
Gupta and Mr. Anubhav Shangle,
Advs. for R - 1 and 2.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may NO
be allowed to see the Judgment?
2. To be referred to the Reporter or not? NO
3. Whether the judgment should be NO
reported in the Digest?
JUDGMENT (Oral)
MAC.APP.No.184/2009
1. The appellant has challenged the award of the learned
Tribunal whereby compensation of Rs.4,63,480/- has been
awarded to claimants/respondent Nos.1 and 2.
2. The accident dated 10th March, 2005 resulted in the death
of Naresh Kumar. The deceased was riding on a scooter as pillion
rider on Najafgarh Road near Nangli Dairy when the scooter met
with an accident resulting in the death of the deceased.
3. The deceased was aged 27 years at the time of the accident
and was survived by his widowed mother and wife. The widowed
mother filed the claim petition before the learned Tribunal. The
deceased was self employed and was earning Rs.3,200/- per
month. However, in the absence of any documentary proof of his
income, the learned Tribunal took the minimum wages at
Rs.3,045/- per month and deducted 1/3rd towards the personal
expenses of the deceased and applied the multiplier of 18 to
compute the loss of dependency at Rs.4,38,480/-. Rs.25,000/-
has been awarded towards the loss of love and affection, funeral
expenses and loss of estate. The total compensation awarded is
Rs.4,63,480/-.
4. The appellant has challenged the impugned award on the
sole ground that the insurance policy does not cover the risk of a
pillion rider.
5. In the case of Mahinder Singh vs. National Insurance
Co. Ltd. MAC.APP.No.588/2007 the similar issue was involved
as to whether the occupant of the car was covered under the
policy. The Manager of National Insurance Co. Ltd. was examined
who deposed that the policy covers the risk of occupants of the
car. Vide judgment dated 27th July, 2009, it was held by this
Court that occupants of the car are covered under the policy. On
the same analogy, the pillion rider of the scooter is also covered
under the policy.
6. For all the aforesaid reasons, the appeal is dismissed. No
costs.
7. This Court appreciates the effective assistance rendered by
Mr. S.L. Gupta, learned counsel for the appellant.
8. The appellant has deposited the entire award amount with
the learned Tribunal in terms of the order dated 8 th April, 2009.
9. The original fixed deposit receipts in terms of the award are
with the learned Tribunal in terms of the order dated 8 th April,
2009. The learned Tribunal is directed to release the fixed
deposit receipts to claimants/respondent Nos.1 and 2 in terms of
the award.
10. The statutory amount of Rs.25,000/- be refunded to the
appellant through counsel by the Registry within a period of two
weeks.
11. The matter need not be listed before the Registrar on 11th
November, 2009.
12. Copy of this order be given 'Dasti' to learned counsel for
both the parties under signatures of Court Master.
CM No.4917/2009
Dismissed.
J.R. MIDHA, J
AUGUST 21, 2009
mk
