The New India Assurance Co.Ltd vs Sunita & Ors.
2009 Latest Caselaw 4806 Del

37
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +   MAC.APP.No.378/2007

                               Date of Decision: 24th November, 2009
%

      THE NEW INDIA ASSURANCE CO.LTD        ..... Appellant
                    Through : Mr. Ramesh Kumar, Adv. for
                              Mr. Jose Chiramel, Adv.

                      versus

      SUNITA & ORS.                           ..... Respondents
                           Through : Mr. N.K. Jha, Adv.
                                     for R-1 to 3.

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)

1. The appellant has challenged the award of the learned

Tribunal whereby compensation of Rs.12,00,000/- has been

awarded to claimants/respondents No.1 to 4.

2. The accident dated 13th July, 2005 resulted in the death

of Raj Pal Singh. The deceased was aged 35 years, 8 months

at the time of the accident and was working as L.D.C. in

Transport Department earning Rs.8,000/- per month. The

deceased was survived by his widow and two children who

filed the claim petition before the learned Tribunal.

3. The learned Tribunal took the income of the deceased

as Rs.8,000/- per month, deducted Rs.2,000/- towards the

personal expenses and applied the multiplier of 16 to

compute the loss of dependency at Rs.11,52,000/-.

Rs.18,000/- has been awarded towards loss of consortium,

Rs.25,000/- has been awarded towards pain and suffering

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

The total compensation awarded is Rs.12,00,000/-.

4. The learned counsel for the appellant submits that the

deduction towards the personal expenses should be reduced

and the compensation towards the loss of consortium should

be reduced from Rs.18,000/- to Rs.10,000/-. The learned

counsel further submits that no compensation can be

awarded for pain and suffering in death cases and, therefore,

the compensation of Rs.25,000/- awarded by the learned

Tribunal towards the pain and suffering should be set aside.

5. There is no infirmity in the deduction of Rs.2,000/-

towards the personal expenses of the deceased. The learned

Tribunal has awarded Rs.25,000/- towards pain and suffering

whereas no compensation has been awarded for loss of love

and affection and loss of estate. The compensation of

Rs.25,000/- awarded for pain and suffering is treated to be

towards loss of love and affection and loss of estate.

6. The amount awarded by the learned Tribunal is on a

lower side. As per the recent judgment of the Hon'ble

Supreme Court in the case of Sarla Verma Vs. Delhi

Transport Corporation, 2009 (6) Scale 129, the

claimants are also entitled to addition of 50% of the income

of the deceased towards the future prospects. However, the

learned Tribunal has not granted the future prospects to the

claimants. If the future prospects are taken into

consideration, the award would warrant enhancement but

since there is no cross-objection by the claimants, no order is

being passed in this regard.

7. For all the aforesaid reasons, the appeal is dismissed.

8. The appellant has deposited the entire award amount

with the learned Tribunal in terms of the order dated 21 st

April, 2009 out of which some amount has been released to

the claimants and the remaining amount is kept in fixed

deposit which is retained by the learned Tribunal.

9. The learned Tribunal is directed to release the fixed

deposit receipt to the claimants in terms of the award.

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

for both the parties under signature of Court Master.

J.R. MIDHA, J

NOVEMBER 24, 2009 mk