Reliance General Insurance Co. ... vs Shri Chand Naran Jasuja & Anr
2012 Latest Caselaw 1367 Del

$~16
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    Date of decision:28th February, 2012

+        MAC. APP. No.978/2011

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

                        Versus

         SHRI CHAND NARAN JASUJA & ANR      ..... Respondents
                      Through: Mr. D.K. Sharma, Advocate for
                               the Respondents No.1 to 6.
                               Mr. R.K. Singh with Mr.
                               Kumar Gaurav, Advocates for
                               the Respondents No.7 & 8.

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

                             JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appellant Reliance General Insurance Co. Ltd. seeks reduction of compensation of `32,72,800/- awarded for the death of Narender Kumar who died in a motor accident which occurred on 16.12.2009.

2. The sole contention raised on behalf of the Appellant is that a sum of 762/- towards transport allowance and a sum of `60/-

towards washing allowance were personal allowances incidental to the deceased's employment. They should have been deducted from the deceased's salary while computing the loss of dependency.

3. On the other hand, it is urged by the learned counsel for the Respondents No.1 to 6 that the overall compensation cannot be said to be excessive. It is urged that a sum of ` 10,000/- was awarded towards the loss of love and affection and if the compensation is suitably raised under this head, it would come to almost the same amount.

4. The Appeal must succeed on both the counts.

5. 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 only ` 25,000/- (in total to all the claimants) under the head of loss of love and affection. Thus, I would enhance the compensation under this head to ` 10,000/- to ` 25,000/- only.

6. As far as the loss of dependency is concerned, there was no liability of income tax on the deceased's income of ` 1,59,432/- (14108 - 762 (TPA) - 60(WA) x 12). On adding 50% towards

future prospects as the deceased was aged 29 years, the loss of dependency comes to `30,49,137/- (1,59,432 + 50% x 3/4 x 17).

7. The overall compensation re-assessed as under:-

Sl. Compensation under Awarded by Awarded by various heads the Claims this Court No. Tribunal

1. Loss of Dependency `32,37,786/- `30,49,137/-

2. Loss to Estate ` 10,000/- ` 10,000/-

2. Loss of Consortium ` 10,000/- ` 10,000/-

3. Funeral Expenses ` 5,000/- ` 5,000/-

3. Loss of Love & Affection ` 10,000/- ` 25,000/-

Total ` 32,72,786/- ` 30,99,137/-

Rounded off ` 32,72,800/-

8. The excess amount of `1,73,663/- along with accrued interest, if any, shall be returned to the Appellant along with statutory amount of `25,000/-.

9. The Appeal is allowed in above terms.

(G.P. MITTAL) JUDGE FEBRUARY 28, 2012 pst