Satya Pal Ashta vs New India Assurance Company Ltd.
2009 Latest Caselaw 4822 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +       MAC.APP.No.399/2006

%                                 Date of decision: 25th November, 2009


      SATYA PAL ASHTA             ..... Appellant
                    Through : Mr. Navneet Goyal and
                              Mr. Varun Kumar, Advs.

                      versus

      NEW INDIA ASSURANCE COMPANY LTD. ..... Respondent
                    Through : Mr. D.K. Sharma, Adv.


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.3,50,000/- has been

awarded to the appellant. The appellant seeks enhancement of

the award amount.

2. The accident dated 15th July, 1997 resulted in the death of

Sonia. The deceased was survived by her father who filed the

claim petition before the learned Tribunal.

3. The deceased was aged 21 years at the time of the accident

and had passed M.Sc. (Hons.) in Micro Biology. The learned

Tribunal took the notional income of the deceased to be

Rs.40,000/- per annum, deducted 1/2 towards personal expenses

and applied the multiplier of 17 to compute the loss of

dependency at Rs.3,40,000/-. Rs.10,000/- has been awarded

towards funeral expenses. The total compensation awarded is

Rs.3,50,000/-.

4. The learned counsel for the appellant submits that no

compensation has been awarded for loss of love and affection

and loss of estate. The learned counsel for the appellant also

seeks enhancement of interest from 5.5% to 7.5%.

5. Rs.15,000/- is awarded towards loss of love and affection

and Rs.10,000/- towards loss of estate. The learned Tribunal has

awarded interest @5.5% per annum which is enhanced to 7.5%

per annum following the aforesaid judgment of the Hon'ble

Supreme Court in the case of Dharampal vs. U.P. State Road

Transport Corporation, III 2008 ACC (1) SC.

6. The appeal is allowed and the award amount is enhanced

from Rs.3,50,000/- to Rs.3,75,000/- along with interest @7.5% per

annum from the date of filing of the petition till realization.

7. The enhanced award amount along with interest be

deposited by respondent No.1 with UCO Bank, Delhi High Court

Branch A/c Satya Pal Ashta through Mr. M.M. Tandon, Member-

Retail Team, UCO Bank Zonal, Parliament Street, New Delhi

(Mobile No. 09310356400) within 30 days.

8. Upon the aforesaid deposit being made, UCO Bank is

directed to release the said amount to the appellant by

transferring the same to his Saving Bank Account.

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

both the parties under signature of Court Master.

J.R. MIDHA, J

NOVEMBER 25, 2009 aj