Delhi High Court
New India Assurance Co. Ltd. vs Munnavar Sultana & Ors. on 5 December, 2011
Author: G.P. Mittal
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 5th December, 2011
+ MAC APP. 710/2011
NEW INDIA ASSURANCE CO. LTD. ..... Appellant
Through: Ms. Neerja Sachdeva, Adv.
Versus
MUNNAVAR SULTANA & ORS. ..... Respondents
Through: Ms. Suman N. Rawat, Adv.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. The Appellant New India Assurance Co. Ltd. impugns the
award dated 18.05.2011 passed by the Motor Accident Claims
Tribunal (the Tribunal) whereby a compensation of `
16,60,242/- was granted on account of death of Sarvar, who was
aged 24 years at the time of accident.
2. The contentions raised by the Appellant Insurance Co. are: -
(i) The Tribunal admitted that there was no evidence that the
deceased was doing embroidery work still the minimum
wages of the skilled worker were taken instead of
minimum wages of an unskilled worker.
(ii) The compensation awarded towards loss of consortium is
excessive and against the ratio of Sarla Verma v. DTC,
(2009) 6 SCC 121.
(iii) The number of claimants were 4 and, therefore, 1/4th was
to be deducted towards personal expenses instead of 1/5th
in view of Sarla Verma v. DTC (supra).
3. In my view the appeal is bound to succeed on the above
grounds.
4. In the absence of any evidence as to the deceased's vocation the
Respondents (Claimants) were entitled to compensation @ `
3,680/-, which were the minimum wages of an unskilled
worker. On the basis of Kiran Devi & Ors. v. Surjeet Yadav &
Ors., MAC. APP. No.511/2009 decided on 18.01.2010; Kanwar
Devi v. Bansal Roadways, 2008 ACJ 2182; National Insurance
Company Ltd. v. Renu Devii, III (2008) ACC 134 and UPSRTC
v. Munni Devi, MAC. APP. No.310/2007, an addition of 50%
was made by the Tribunal. The dependency thus works out as `
3,680/- + 50% - 1/4th x 12 x 18 = ` 8,94,240/-. In addition, the
Appellants were entitled to a sum of ` 7,500/- towards funeral
expenses, ` 10,000/- towards loss of estate, ` 10,000/- towards
loss of consortium and ` 25,000/- towards love and affection in
addition to the medical expenses actually spent i.e. ` 4,28,000/-.
The total compensation is assessed as ` 13,74,740 on which the
Respondents (Claimants) shall be entitled to interest @ 7.5%
per annum from the date of filing of the petition till the date of
the deposit of the amount in the Court after deducting a sum of
` 50,000/- (awarded as interim compensation).
5. Out of the awarded amount a sum of ` 4,28,000/- along with
proportionate interest shall be paid to Respondent No.2 (the
deceased's father), the amount which was spent by the
deceased's father, shall be immediately disbursed to him.
6. From the remaining amount of ` 9,46,740/- a sum of `
4,46,740/- with proportionate interest shall be payable to
Respondent No.3 (deceased's wife). A sum of ` 1,00,000/-
along with proportionate interest shall be disbursed to her while
another ` 1,00,000/- shall be held in the form of FDR for a
period of 2 years. The remaining amount shall be held in FDR
for a period of 10 years. A sum of ` 2,50,000/- shall be payable
to Respondent No.4 the minor child of the deceased, which
shall be held in FDR till the time Respondent No.4 attains the
age of 21 years. Respondent No.1 shall be entitled to an
amount of ` 1,50,000/- out of which ` 50,000/- shall be released
to Respondent No.1 along with proportionate interest and the
remaining amount shall be held in the form of FDR for a period
of 3 years. Respondent No.2 shall be entitled to a sum of `
1,00,000/- out of which ` 25,000/- shall be released along with
proportionate interest and the remaining amount held in the
form of FDR for a period of 3 years. The Respondents shall be
entitled to payment of monthly interest on the amount held in
FDR by transfer to their savings accounts. The amount in the
fixed deposit shall be held in UCO Bank, Delhi High Court
Branch, New Delhi.
7. The appeal is allowed in above terms.
8. The excess amount deposited by the Insurance Co. shall be
refunded immediately. Statutory amount of ` 25,000/-, if
deposited, shall also be refunded.
A copy of this order be communicated to UCO Bank, Delhi
High Court Branch, New Delhi.
(G.P. MITTAL)
JUDGE
DECEMBER 05, 2011
hs
