Sriram General Insurance Company ... vs Manbhawta Devi & Ors
2012 Latest Caselaw 5003 Del

*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                             Date of decision: 24th August, 2012
+        MAC. APP. 109/2012

         SRIRAM GENERAL INSURANCE COMPANY LTD...... Appellant
                     Through: Mr. Sameer Nandwani, Adv.

                                    versus

         MANBHAWTA DEVI & ORS.               ..... Respondents
                    Through    Mr. Pankaj Kumar Dewal, Adv. for R-1
                               to 4. (the Claimants).

+        MAC. APP. 112/2012

         SRIRAM GENERAL INSURANCE COMPANY LTD...... Appellant
                     Through: Mr. Sameer Nandwani, Adv.

                                    versus

         VEENA DEVI & ORS.                               ..... Respondents
                       Through       Mr. Pankaj Kumar Dewal, Adv. for R-1
                                     to 6. (the Claimants).

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

                                JUDGMENT

G. P. MITTAL, J. (ORAL)

1. These two Appeals arise out of a common judgment dated 16.11.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of `11,26,712/- was awarded in MAC APP.112/2012 (Suit No.498/2010) and a compensation of `14,42,768/- was awarded in MAC APP.109/2012 (Suit No.497/2010).

2. It is urged by the learned counsel for the Appellant Insurance Company that in the absence of any evidence with regard to the bright future prospects, the Claimants were not entitled to addition of 50% in the deceased's income. It is stated that at the most, an increase of 30% could have been granted on the basis of Santosh Devi v. National Insurance Company Ltd. & Ors., 2012 (4) SCALE 559.

3. The learned counsel for the Appellant concedes that the Claimants were entitled to an increase of 30% only.

4. On applying Santosh Devi, the loss of dependency in MAC APP.109/2012 comes to `12,07,065/- (6448/- + 30% x 3/4 x 12 x 16) instead of ` 13,92,768/- awarded by the Claims Tribunal.

5. The loss of dependency in MAC APP.112/2012 comes to `9,33,150/-

(5278/- + 30% x 2/3 x 12 x 17) instead of `10,76,712/- awarded by the Claims Tribunal.

6. The overall compensation thus stands reduced from `14,42,768/- to `12,57,065/- in MAC APP.109/2012 and from ` 11,26,712/- to `9,83,150/- in MAC APP.112/2012.

7. The compensation as awarded shall be released in favour of the Claimants in terms of the order passed by the Claims Tribunal.

8. The excess amount of `1,85,703/- and `1,43,562/- respectively shall be refunded to the Appellant Insurance Company.

9. The statutory deposit of `25,000/- each shall be refunded to the Appellant Insurance Company.

10. Both the Appeals are allowed in above terms.

11. Pending Applications also stand disposed of.

(G.P. MITTAL) JUDGE AUGUST 24, 2012 vk