Reliance General Insurance Co. ... vs Deepak Malhotra & Ors
2012 Latest Caselaw 6902 Del

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

                                       Date of decision: 3rd December, 2012
+        MAC. APP. 570/2012

         RELIANCE GENERAL INSURANCE CO. LTD.       ..... Appellant
                      Through: Mr. K.L. Nandwani, Advocate.

                        Versus

         DEEPAK MALHOTRA & ORS.                ..... Respondents
                     Through: Mr. B.R. Sharma, Advocate for the
                              Respondents No.1 & 2.

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

G. P. MITTAL, J. (ORAL)

1. The Appeal is for reduction of compensation of `3,12,370/- awarded by Motor Accident Claims Tribunal(the Claims Tribunal) in favour of the Respondents No.1 and 2 for the death of their father Amrit Lal Malhotra, who was aged 66 years at the time of the accident.

2. During the inquiry before the Claims Tribunal, it was established that the Claimants were not financially dependent on the deceased. The deceased was stated to be self-employed; however, no evidence was produced with regard to the deceased's income. The Claims Tribunal, therefore, took the minimum wages of a graduate(as per qualification of the deceased) and granted 1/3rd of the deceased's income towards loss to estate.

3. It is urged by the learned counsel for the Appellant that the compensation of `50,000/- towards funeral charges and `1,00,000/- towards loss of love and affection is exorbitant and excessive.

4. On the other hand, the learned counsel for the Respondents No.1 and 2 urges that the compensation awarded is just and reasonable.

5. The funeral expenses are awarded as per the actual expenditure. No evidence was produced by the Appellant with regard to the same. In the absence of any evidence, it would be appropriate to award a sum of `10,000/- only towards funeral expenses.

6. Loss of love and affection can never be measured in terms of money.

Thus, uniformity has to be adopted by the Courts while granting non- pecuniary damages. The Supreme Court in Sunil Sharma v. Bachitar Singh (2011) 11 SCC 425 and in Baby Radhika Gupta v. Oriental Insurance Company Limited (2009) 17 SCC 627 granted ` 25,000/- (in total to all the claimants) under the head of loss of love and affection. Thus, I would reduce the compensation under this head to `25,000/- only.

7. The excess amount of `1,15,000/- along with proportionate interest and the interest accrued, if any, during the pendency of the Appeal shall be refunded to the Appellant Insurance Company.

8. The balance amount shall be released in equal shares in favour of the Respondents No.1 and 2(Claimants).

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

10. Pending Applications stand disposed of.

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