Bajaj Allianz General Insurance ... vs Sant Ram @ Sant Ram Singh & Ors.
2011 Latest Caselaw 6228 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                     Reserved on: 5th December, 2011
                                  Pronounced on:19th December, 2011

+       MAC APP. 581/2011

        BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.
                                                 ..... Appellant
                 Through: Ms. Neerja Sachdeva, Advocate

                                Versus

        SANT RAM @ SANT RAM SINGH & ORS...... Respondents
                Through: Mr. Kanwal Chaudhary Advocate for
                         Respondent No.1 & 2.
                         Mr. G.M. Kaura, Advocate for
                         Respondent No. 3 & 4.

        CORAM:
        HON'BLE MR. JUSTICE G.P.MITTAL

                          JUDGMENT

G. P. MITTAL, J.

1. Aggrieved by the quantum of compensation, the Appellant Bajaj Allianz General Insurance Company Limited impugns the award dated 21.03.2011 passed by the Motor Accident Claims Tribunal (the Tribunal) whereby a compensation of ` 8,81,000/- was awarded in respect of the death of Dinesh Kumar who was aged about 22 years on the date of the accident which took place on 14.12.2009. The contentions raised on Appellant's behalf are:-

(i) Multiplier of 13 ought to have been applied by the Tribunal instead of 17, according to the age of the mother.

(ii) Award of ` 3,00,000/- on account of loss of love and affection was exorbitant and excessive.

2. It is well settled that while applying the multiplier, the age of the Claimant or that of the deceased whichever is higher is to be considered. (UPSRTC & Ors. v. Trilok Chandra & Ors. 1996 (4) SCC 362).

3. In the case of death of a bachelor the multiplier will be as per the age of the mother of the deceased.

4. This is admitted that the deceased was a bachelor and therefore, 50% has to be deducted towards the deceased's personal expenses. The deceased's income was established as ` 5500/- per month, applying the multiplier of 13 according to the age of the deceased's mother (i.e. 47 years), the dependency works out as ` 4,29,000/- (` 5500/- x 12 - 50% x 13).

5. The Tribunal granted a sum of ` 3,00,000/- towards loss of love and affection. The Tribunal gave the following reasons to award a sum of ` 3,00,000/- as under:-

"....The deceased Dinesh was aged about 22 years of age at the time of his death. It was claimed by PW-1 during course of his cross examination that his eldest son is not traceable. Loss of yet another

son, in considered opinion of this court must have been unbearable for the petitioners. It is obvious that they must have undergone more mental shock and torture on seeing the dead body of their 22 years old son. It not impossible, it is extremely difficult to quantify non pecuniary compensation as it is based upon the sentiments and emotions. However, the same cannot be a ground for non- payment of any amount in that regard. It is true that human life cannot be measured only in terms of loss of earnings or monetary losses alone. Emotional attachment and loss of child can have a devastating effect on the family which cannot be easily visualized and understood. Although no amount can be quantified in this regard, in considered opinion of this court, ends of justice would be met in case petitioners are awarded sum of ` 3 lacs as compensation under this head........"

6. The compensation of ` 3,00,000/- awarded towards love and affection is on the higher side. The trend of the High Courts and the Supreme Court is to award a nominal sum under the head of loss of love and affection when the loss of dependency is fully taken care of. In the latest judgment of the Supreme Court in K. R. Madhusudan & Ors. v. The Administrative Officer & Anr., (2011) 4 SCC 689 a sum of ` 25,000/- was awarded towards loss of love and affection.

7. The revised compensation works out as under: -

1. Loss of dependency 4,29,000/-

2. Loss of love and affection 25,000/-

3. Loss of estate 15,000/- (as granted by the

Tribunal)

4. Funeral Expenses 5,000/- (as granted by the Tribunal)

Total 4,74,000/-

8. The compensation awarded shall carry interest @ 7.5% per annum as awarded by the Tribunal. A sum of ` 50,000/- has already been paid as interim compensation. A sum of ` 1.5 lacs along with proportionate interest shall be payable to Respondent No.1 and rest of the amount along with proportionate interest shall be payable to Respondent No.2. The excess amount along with interest, if any, shall be refunded to the Appellant Insurance Company.

9. The Appeal is allowed in above terms.

10. Pending application also stands disposed of.

(G.P. MITTAL) JUDGE DECEMBER 19, 2011 vk