Bajaj Allianz Insurance Co Ltd vs Sarla Devi And Ors
2010 Latest Caselaw 1531 Del

24
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +   MAC.APP.No.539/2008

                               Date of Decision: 18th March, 2010
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      BAJAJ ALLIANZ INSURANCE CO LTD      ..... Appellant
                      Through Ms. Neerja Sachdeva, Adv.

                      versus

      SARLA DEVI AND ORS         ..... Respondents
                    Through Mr. Mrinal Kumar, 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 appellants have challenged the award of the

learned Tribunal whereby compensation of Rs.5,69,518/- has

been awarded to the claimants/respondents No. 1 and 2.

2. The accident dated 20th October, 2006 resulted in the

death of Sandeep. The deceased was survived by his parents

who filed the claim petition before the learned Tribunal.

3. The deceased was aged 25 years at the time of the

accident and was unmarried. The deceased was working in a

shop earning Rs.4,000/- per month. In the absence of

sufficient proof of income, the learned Tribunal took the

minimum wages as Rs.3,505/- per month, added 50% due to

inflation and rise in price index, deducted 1/3rd towards his

personal expenses and applied the multiplier of 11 to

compute the loss of dependency at Rs.4,62,660/-. The

learned Tribunal has awarded Rs.20,000/- towards funeral

expenses, Rs.50,000/- towards loss of love and affection and

Rs.36,858/- towards medical expenses. The total

compensation awarded is Rs.5,69,518/-.

4. The learned counsel for the appellant has urged that

the personal expenses of the deceased should be increased

from 1/3rd to 1/2. In view of the judgment of the Hon'ble

Supreme Court in the case of Sarla Verma Vs. Delhi

Transport Corporation, 2009 (6) Scale 129. The learned

counsel also seeks reduction of medical expenses from

Rs.36,858/- to Rs.33,842/-.

5. The deceased was unmarried at the time of the

accident and according to the judgment of the Hon'ble

Supreme Court in the case of Sarla Verma (Supra), the

personal expenses of the deceased are to be taken as 1/2.

Following the aforesaid judgment, the personal expenses of

the deceased are increased from 1/3rd to 1/2.

6. The learned counsel for claimants/respondent No.1 and

2 submits that this plea has not been taken by the appellant

in the appeal. This is a legal plea on the basis of the

judgment of Hon'ble Supreme Court in the case of Sarla

Verma (Supra) and, therefore, permitted to be taken by the

appellant at the time of hearing of this appeal.

7. The claimants/respondents No.1 and 2 have proved the

medical expenditure of Rs.33,842/-. The Claims Tribunal has

awarded Rs.3,000/- more than the amount proved by the

claimants/respondents No.1 and 2, which is fair and

reasonable, considering that at times, the proof of complete

medical expenses is not retained and made available and,

therefore, this finding does not call any interference.

8. The Claims Tribunal has not awarded any compensation

for loss of estate. Rs. 20,000/- be awarded to

claimants/respondents No. 1 and 2 for loss of estate.

9. The claimants/respondents No. 1 and 2 are entitled to

total compensation of Rs.4,73,820/- [(5257 x 1/2 x 12 x 11) +

50,000 + 20,000 + 20,000 + 36858)].

10. The appeal is allowed and the award amount is reduced

from Rs.5,69,518/- to Rs.4,73,820/- along with interest at the

rate of 8% per annum from the date of filing till realization.

11. The appellant has deposited the entire award amount

with the Registrar General out of which 50% has been

released to the claimants, in terms of order dated 3 rd

November, 2008. The remaining 50% of the award amount

was kept in fixed deposit till 13th February, 2010. Vide order

dated 20th January, 2010, the Registrar General was directed

to transfer/remit the entire amount to UCO bank and UCO

Bank was directed to release a sum of Rs.20,027/- to

claimants/respondents No. 1 and 2 and the remaining

amount of Rs.3,50,000/- be kept in 7 fixed deposits.

12. The appellant deposited a sum of Rs.6,48,988/- in

terms of the order dated 3rd November, 2008 apart from the

statutory amount of Rs.25,000/- along with this appeal

making it a total of Rs.6,73,988/-. The interest on the

reduced award amount of Rs.4,73,820/- from the date of

filing of the claim petition till the date of deposit of the award

amount comes to Rs.5,50,046/-. The balance amount of

Rs.1,23,904/- is to be refunded to the appellant.

Rs.1,23,904/- shall include the principal amount of

Rs.95,698/- and interest of Rs.15,395/- thereon as per the

calculation of the Accounts Department of this Court.

13. UCO Bank is directed to refund a sum of Rs.1,23,904/-

to the appellant by means of a cheque drawn in the name of

Bajaj Allianz Insurance Company Limited and the same be

handed over to its authorized representative against receipt.

This amount be refunded by discharging the three fixed

deposit receipts of 50,000/- for a period of 2½ years, 3 years

and 3½ years. The balance amount of Rs.26,096/- after

discharging the said FDRs be paid to the

claimants/respondents No. 1 and 2 by transferring the same

to their Savings Bank Account. The remaining four fixed

deposits of Rs.50,000/- for a period of 6 months, one year,

one and a half years and two years shall continue for their

remaining term and the maturity amount be released to

claimants No. 1 and 2 at the time of maturity.

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

for both the parties under signature of Court Master.

J.R. MIDHA, J MARCH 18, 2010 HL