National Insurance Co. Ltd. vs Kamlesh & Ors.
2009 Latest Caselaw 2353 Del

29
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +    MAC.APP. 285/2009

                                 Date of Decision: 29th May, 2009

%
      NATIONAL INSURANCE CO. LTD.            ..... Appellant
                    Through : Mr. S.L. Gupta, Adv.

                       versus

      KAMLESH & ORS.                           ..... Respondents
                   Through : None.

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)

CM No.8200/2009 (Exemption)

1. Allowed, subject to just exceptions.

2. The application stands disposed of.

CM No.8201/2009 (Delay)

1. For the reasons stated in the application, the delay in

filing of the appeal is condoned.

2. The application stands disposed of.

MAC.APP. No.285/2009 and CM No.8199/2009

1. The appellant has challenged the award of the learned

Tribunal whereby compensation of Rs.3,71,671/- has been

awarded to the claimants/respondent Nos.1 and 2.

2. The accident dated 12th December, 2006 resulted in the

death of Srikant aged 21 years. The deceased was survived

by his parents who filed the claim petition before the learned

Tribunal.

3. The income of the deceased is claimed to be

Rs.40,000/- per annum. The learned Tribunal applied the

Second Schedule of the Motor Vehicles Act and took the

income of the deceased to be Rs.40,000/- per annum. 1/3rd

was deducted towards the personal expenses of the

deceased and the multiplier of 13 was applied to compute

the loss of dependency at Rs.3,46,671/-. Rs.25,000/- has

been awarded for loss of estate, loss of love and affection,

Rs.5,000/- has been awarded towards funeral expenses. The

total compensation comes to Rs.3,71,671/-.

4. The only ground urged at the time of hearing of appeal

is that the personal expenses of the deceased should have

been taken as 1/2 instead of 1/3rd.

5. Considering that the learned Tribunal has taken the

annual income of the deceased to be Rs.40,000/- i.e.

Rs.3,333/- per month which is even less than the minimum

wages which is recorded in para - 12 of the impugned award

and also noting that the learned Tribunal has applied the

multiplier of 13 whereas it should have been 15 considering

the age of the mother to be 42 years, the award of the

learned Tribunal does not call for any interference. However,

the impugned award has been upheld in the peculiar facts

and circumstances of this case and this judgment shall not

be treated as a precedent in other cases.

6. The appeal as well as all the applications are

accordingly dismissed.

7. The Registry is directed to refund the statutory amount

of Rs.25,000/- to the appellant after appellant furnishes the

proof of satisfaction of the entire award amount.

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

for the appellant under signatures of Court Master.

J.R. MIDHA, J

MAY 29, 2009 mk