Suraj Bhan & Anr vs Dharampal Singh & Ors
2012 Latest Caselaw 4600 Del

$~15
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                     Decided on: 3rd August, 2012

+      MAC.APP. 473/2012

       SURAJ BHAN & ANR.                          ..... Appellants
                    Through            Mr. Ravindra Sharma,Advocate

                        versus


       DHARAMPAL SINGH & ORS           ..... Respondents
                   Through  Ms. Suman Bagga, Advocate
                            for the Respondent No.3.


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

G. P. MITTAL, J. (ORAL)

1. The Appeal is for enhancement of compensation of `1,67,280/-

awarded by the Motor Accident Claims Tribunal(the Claims Tribunal) for the death of Rajender who died in a motor vehicle accident which occurred on 25.09.2008.

2. A petition under Section 163-A of the Motor Vehicles Act (the Act) was preferred by the Appellants claiming a compensation. It is admitted by the counsel for the parties that in a Petition under Section 163-A of the Act, a compensation has to be awarded strictly as per the structured formula given in Schedule II to the Act. This Court in 'Anarkali & Anr. v. Raj Kumar &

Anr.' (MAC APP. 341/2012) decided on 11.04.2012 while relying on Oriental Insurance Company v. Hansrajbhai v. Kodala, (2001) 5 SCC 175, Deepal Girishbhai Soni v. United India Insurance Company Limited, (2004) 5 SCC 385 and Oriental Insurance Company Limited v. Meena Variyal (2007) 5 SCC 428 held that in a Petition under Section 163-A of the Act, there is a cap of `40,000/- on the income and the compensation for non-pecuniary damages has also to be in consonance with the Second Schedule. The loss of dependency thus comes to `4,53,333/- (`40,000/- x 2/3 x 17).

3. The Appellants are further entitled to `2,000/- towards loss to estate and `2,500/- towards funeral expenses.

4. The Claims Tribunal awarded a sum of `7,280/- towards medical treatment of the deceased till he succumbed to his injuries which is not disputed. It is, therefore, maintained. Thus, the overall compensation comes to `4,65,113/-.

5. The enhanced compensation of `2,97,833/- shall carry interest @ 7.5% per annum and shall be equally shared between the Appellants. 70% of the enhanced compensation shall be kept in Fixed Deposit for a period of two years, four years, six years and eight years on which the Appellants would be entitled to quarterly interest. Rest 30% shall be released on deposit.

6. The Respondent No.3 ICICI Lombard General Insurance Co.

Ltd. is directed to deposit the enhanced amount of `2,97,833/- along with interest in the name of the Appellants with State Bank of India, Saket Court Branch within six weeks.

7. A copy of the order be sent to the Manager, State Bank of India,

Saket Court Branch.

8. A copy of the order be sent to the concerned Claims Tribunal for information

9. The Appeal is allowed in above terms.

10. Pending Applications stand disposed of.

11. No costs.

(G.P. MITTAL) JUDGE AUGUST 03, 2012 pst