National Insurance Co.Ltd. vs Nivedita Sharma & Ors.
2009 Latest Caselaw 2906 Del

16
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                   +       MAC.APP.No.245/2007

                                    Date of Decision: 29st July, 2009
%

      NATIONAL INSURANCE CO.LTD.           ..... Appellant
                    Through : Mr. S.L. Gupta and
                              Mr. P.K. Singh, Advs.

                       versus

    NIVEDITA SHARMA & ORS.                ..... Respondents
                  Through : Mr. Achin Goel, Adv. for
                             Mr. S. Nanda Kumar, Adv.
                             for R - 1 to 4.
.CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

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

2.      To be referred to the Reporter or not?                    YES

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


                           JUDGMENT (Oral)

1. The appellant has challenged the award of the learned

Tribunal whereby compensation of Rs.21,53,248/- has been

awarded to claimants/respondent Nos.1 to 4.

2. The accident dated 30th November, 2001 resulted in the

death of Asim Kumar Sharma and Baby Aadya Sharma. The

deceased Asim Kumar Sharma was survived by his widow,

son and parents who filed the claim petition before the

learned Tribunal. Separate claim petition was filed in respect

of the death of Baby Aadya Sharma. Common award was

passed in respect of both the claim petitions and

compensation of Rs.21,53,248/- has been awarded in respect

of the death of Asim Kumar Sharma and compensation of

Rs.1,80,000/- has been awarded in respect of Baby Aadya

Sharma. The award passed in respect of the death of Baby

Aadya Sharma has not been challenged by the appellant and

the appellant has satisfied the said award. However, the

award passed by the learned Tribunal in respect of the death

of Asim Kumar Sharma is under challenge in this appeal.

3. The deceased was aged 32 years at the time of the

accident and was working with Ministry of Information and

Broadcasting earning Rs.13,675/- per month. The learned

Tribunal considered the future prospects and applied the

multiplier of 13. After deducting 1/3rd towards the personal

expenses of the deceased, the loss of dependency was

computed as Rs.21,33,248/-. Rs.5,000/- has been awarded

under the each of the heads of transportation of the dead

body, funeral expenses, loss of estate and loss of consortium.

The total compensation awarded is Rs.21,53,248/-.

4. The appellant has challenged the impugned award on

the sole ground that the deceased was contributory

negligent for the accident as more than two persons were

riding on the scooter driven by the deceased. The deceased

was driving the scooter and his wife, minor daughter aged six

years and minor son aged one year were sitting on the

pillion. This by itself cannot be said to constitute

contributory negligence.

5. The learned Tribunal has well considered this aspect in

the impugned award. There is no evidence to prove the

contributory negligence. On the other hand, the evidence

clearly points out rash and negligent driving of the offending

tanker which came from behind and hit the scooter driven by

the deceased resulting in the death of deceased and his

daughter.

6. The finding of the learned Tribunal with respect to the

negligence of the offending vehicle is, therefore, upheld. The

computation of compensation by the learned Tribunal is in

accordance with law and the amount awarded by the learned

Tribunal is just, fair and reasonable.

7. The appeal is, therefore, dismissed.

8. The appellant has deposited 50% of the award amount

along with interest with the learned Tribunal in terms of the

order dated 3rd May, 2007. The stay with respect to the

balance 50% along with interest is vacated and the appellant

is directed to deposit the balance 50% along with interest

with the learned Tribunal.

9. The learned Tribunal shall disburse the same to the

claimants/respondent Nos.1 to 4 in terms of the award.

10. Upon satisfaction of the entire award, the appellant

shall furnish the proof of satisfaction of the impugned award

whereupon the Registry shall release the statutory amount of

Rs.25,000/- to the appellant through counsel.

11. Copy of this order be given 'Dasti' to learned counsel

for both the parties under signatures of Court Master.

J.R. MIDHA, J

JULY 29, 2009 mk