Icici Lombard General Insurance ... vs Radhey Shyam & Ors
2012 Latest Caselaw 6900 Del

$-23
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                        Date of decision: 3rd December, 2012

+        MAC. APP. 1045/2012

         ICICI LOMBARD GENERAL INSURANCE CO. LTD. ..... Appellant
                        Through: Mr.Virender Prabhakar, Proxy Counsel
                                 for Ms. Suman Bagga, Advocate.
                   Versus

         RADHEY SHYAM & ORS.                                      ..... Respondents
                     Through:            None.

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

                                  JUDGMENT

G. P. MITTAL, J. (ORAL)

C.M. APPL No.16444/2012

1. There is a delay of 122 days in filing the Appeal.

2. For the reasons as stated in the Application, the delay in filing the Appeal is condoned.

3. The Application stands disposed of.

MAC. APP. 1045/2012

4. The Appeal is for reduction of a compensation of ` 4,73,500/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of Respondents No.1 to 4 (Claimants) for the death of Smt. Mamta, who died in a motor vehicle accident, which occurred on 16.08.2010.

5. The only ground of challenge is that in a Petition under Section 163-A of the Motor Vehicles Act no compensation could have been awarded

towards loss of love and affection.

6. In the instant case, the Claims Tribunal awarded a sum of ` 80,000/-

towards loss of love and affection.

7. It is no longer res integra that in a petition under Section 163-A of the Act, compensation has to be awarded as per the structured formula. This question was dealt with in great detail in a judgment of this Court in New India Assurance Co. Ltd. v. Pitamber & Ors., MAC.APP. 304/2009 decided on 23.01.2012. This Court referred to the decision in Oriental Insurance Company Limited v. Smt. Pataso & Ors., MAC APP.962/2005 decided on 01.09.2008; Oriental Insurance Company Limited v. Om Prakash & Ors., 1 (2009) ACC 148; Jagdish & Anr. v. Madhav Raj Mishra and Anr. MAC APP.190/2011 decided on 19.04.2011; and Oriental Insurance Company Limited v. Anita Devi & Ors., 20011 (5) AD (Delhi) 138, decided on 10.05.2011; Oriental Insurance Company v. Hansrajbhai V. Kodala, (2001) 5 SCC 175; and Deepal Girishbhai Soni v. United India Insurance Company Limited, (2004) 5 SCC 385; and held that in a Petition under Section 163-A of the Act, there is a cap of ` 40,000/- on the annual income and the compensation including non- pecuniary damages have to be awarded as per the Second Schedule.

8. In view of the above, the Claims Tribunal erred in awarding a sum of ` 80,000/- towards loss of love and affection. Thus, the Respondents No.1 to 4 (Claimants) are not entitled to a sum of ` 80,000/- under the head of loss of love and affection.

9. The compensation is reduced by `80,000/-. Consequently, the compensation stands reduced from ` 4,73,500/- to ` 3,93,500/-

10. By an order dated 18.09.2012, a sum of ` 3,89,500/- was ordered to be deposited and released in favour of Respondents No.1 to 4. Rest of the

compensation of ` 4,000/- along with proportionate interest shall be deposited with the Claims Tribunal within six weeks.

11. The amount of compensation deposited with the Claims Tribunal shall be disbursed in favour of Respondents No.1 to 4 in terms of the order passed by the Claims Tribunal.

12. The Appeal is allowed in above terms.

13. Statutory deposit of ` 25,000/-, if any, shall be refunded to the Appellant Insurance Company.

14. Pending Applications stand disposed of.

(G.P. MITTAL) JUDGE DECEMBER 03, 2012 v