M/S National Insurance Co. Ltd. vs Lalloo Ram & Ors.
2010 Latest Caselaw 896 Del

53
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +      MAC.APP.No.231/2009

                                 Date of Decision: 16th February, 2010
%

      M/S NATIONAL INSURANCE CO. LTD.      ..... Appellant
                     Through : Ms. Sonia Sharma, Adv.

                      versus

      LALLOO RAM & ORS.            ..... Respondents
                    Through : Mr. O.N. Sharma, Adv.
                              for R-1 & 2.

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.1,86,980/- has been

awarded to claimants/respondents No.1 and 2.

Claimants/respondents No.1 and 2 have filed cross-objections

seeking enhancement of the award amount.

2. The accident dated 25th October, 2003 resulted in the

death of Manoj Kumar. The deceased was survived by his

parents who filed the claim petition before the learned

Tribunal.

3. The deceased was aged 22 years at the time of the

accident and was unmarried. It was claimed that the

deceased was employed with M/s S & A Overseas drawing a

salary of Rs.2,800/- per month apart from earning

Rs.15,000/- per month from tuitions. The learned Tribunal

took the income of the deceased as Rs.2,785/- per month

and 15% was added towards future prospects. The income

for computation of compensation was taken as Rs.4,178/- per

month. 1/3rd was deducted towards personal expenses of the

deceased and the multiplier of 5 was applied to compute the

loss of dependency of Rs.1,66,980/-. Rs.20,000/- is awarded

towards loss of love and affection and funeral expenses. The

total compensation awarded is Rs.1,86,980/-.

4. The learned counsel for the appellants has urged at the

time of hearing of this appeal that the driver of the offending

vehicle was holding a driving licence to drive LMV/MGV/HGV

but was not holding any driving licence to drive a scooter.

The offending vehicle in the present case is a scooter. The

learned counsel submits that the recovery rights be granted

to the appellant to recover the award amount from the driver

and owner of the offending vehicle.

5. The learned counsel for claimants/respondents No.1

and 2 seek enhancement of the award amount on the ground

that the compensation be awarded for loss of estate.

6. With respect to the driving licence, the appellant

examined R3W1 who deposed that the driving licence of the

driver was valid only to drive LMV/MGV/HGV but the licence

was not valid to drive the scooter. R3W1 proved the

investigation report - Ex.R3W1/7. No evidence was led in

rebuttal by the driver/owner of the offending vehicle. In view

of the evidence led by the appellant, it is held that the driver

of the offending vehicle was not holding valid driving licence

to driver the scooter at the time of the accident and,

therefore, the appellant is entitled to recovery rights against

the driver and owner of the offending vehicle.

7. With respect to the cross-objections filed by

claimants/respondents No.1 and 2, it is noted that the

learned Tribunal has not awarded any compensation towards

loss of estate. Rs.13,020/- is awarded towards loss of estate.

The claimants are entitled to total compensation of

Rs.2,00,000/- (Rs.1,86,980 + Rs.13,120).

8. The appeal as well as cross-objections are partially

allowed. The award amount is enhanced from Rs.1,86,980/-

to Rs.2,00,000/- along with interest thereon @7.5% per

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

payment of the entire award amount along with interest by

the appellant to claimants/respondents No.1 and 2, the

appellant shall be entitled to recover the same from

respondents No.3 and 4.

9. The enhanced award amount along with up to date

interest be deposited by the appellant with the Claims

Tribunal within 30 days. Upon the enhanced award amount

along with interest being deposited, the Claims Tribunal is

directed to release the same to claimants/respondents No.1

and 2 without any requirement of fixed deposit. The Claims

Tribunal is also directed to release the fixed deposit with

respect to the 50% of the award amount lying deposited with

it in terms of the order dated 13th May, 2009 of this Court.

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

for the parties under the signature of Court Master.

J.R. MIDHA, J

FEBRUARY 16, 2010 aj