National Insurance Co. Ltd. vs Purshottam Swaroop & Ors.
2011 Latest Caselaw 5488 Del

*             THE HIGH COURT OF DELHI AT NEW DELHI

                         +MAC APPEAL 542/2009

                                           Reserved on: 30.09.2011
                                         Pronounced on: 15.11.2011

NATIONAL INSURANCE CO. LTD.              ...... Appellant
                 Through:   Mr. Pankaj Seth, Advocate.

                                Versus
PURSHOTTAM SWAROOP & ORS.                       ...... Respondents
                          Through:   Mr. M.L. Khattar, Advocate
CORAM:
HON'BLE MR. JUSTICE M.L. MEHTA

1.     Whether Reporters of local papers may be
       allowed to see the judgment?                   No
2.     To be referred to the Reporter or not?         No
3.     Whether the judgment should be reported
       in the Digest ?                                No

M.L. MEHTA, J.

1. The challenge in this appeal is to the judgment and award

dated 22.01.2009 of MACT whereby the Tribunal has awarded a

compensation of Rs. 4,33,600/- to the respondent No, 1 herein in his

claim petition 151/2007 which he had filed seeking compensation on

account of death of his wife Poonam who was travelling with him as a

pillion rider on his two wheeler scooter and was hit by a bus being

driven by respondent No. 2 herein namely Azad Singh, in a rash and

negligent manner. As a result of the accident, his wife fell down and

sustained fatal injuries. The driver/respondent No. 2 ran away from

the spot. The offending vehicle was stated to be insured with the

appellant, National Insurance Company. The Tribunal awarded total

compensation of Rs. 4,66,300/- which was made up of Rs. 39,600/- on

account of loss of dependency, Rs. 30,000/- on account of loss of love

and affection, Rs. 5,000/- on account of funeral expenses and Rs.

5,000/- towards loss of estate. After making adjustment of Rs.

50,000/-, already paid to the respondent No. 1 as interim award, he

was awarded a compensation of Rs. 3,83,600/-. The awarded

compensation was directed to be paid by way of installments of Rs.

2050/- per month till the re-marriage/death of respondent No. 1

/claimant whichever is earlier. The appellant/insurer has impugned

the said award mainly on the ground that payment of the awarded

compensation by way of installments was contrary to law and the

appellant could not be made custodian of the amount of

compensation to be paid to the claimant/respondent No. 1 till his

remarriage or death. The challenge is also made to the award of Rs.

30,000/- towards loss of love and affection and Rs. 5,000/- on account

of funeral expense

2. With regard to the challenge to the award regarding payment

of compensation in instalments, the learned counsel for respondent

No. 1 concedes the awarded to be bad in law to that extent. He

conceded that payment of awarded compensation in installments in

the manner as directed by the learned Tribunal was not only

impractical but contrary to law in view of various judicial decisions.

3. The challenge to the payment of compensation of Rs. 30,000/-

towards loss of love and affection and Rs. 5,000/- towards funeral

expenses is not only misplaced, but shows insensitivity of the

appellant company. These are conventional amounts which are

awarded in the cases of fatal injuries. The award of Rs. 30,000/- and

Rs. 5,000/- under these heads, in any way, cannot be said to be

unreasonable. I do not find any merit in the challenge of the award

on these counts.

4. In view of the above discussion, the impugned award is

modified to the extent that the appellant/insurer shall pay the

awarded amount of Rs.4,33,600/- to the respondent No. 1 after

adjusting the amounts already paid to him by way of installments and

Rs.50,000/- paid as interim relief, within one month from today

without interest and thereafter with interest of 7.5% per annum till

realization.

5. The appeal stands disposed of accordingly.

M.L. MEHTA (JUDGE) November 15, 2011 awanish