The New India Assurance Co. Ltd. vs Baleshwar & Ors.
2012 Latest Caselaw 758 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                       Date of decision:3rd February, 2012
+        MAC. APP. No.86/2010

         THE NEW INDIA ASSURANCE CO. LTD.
                                            ..... Appellant
                       Through: Mr. D.D. Singh, Advocate

                       Versus

         BALESHWAR & ORS.                             ..... Respondents
                     Through:             Mr. Anshuman Bal, Advocate
                                          for Respondents No.3 to 5

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

                             JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appellant New India Assurance Co. Ltd. seeks reduction of compensation of Rs.7,71,254/- awarded for the death of Smt. Bano.

2. The ground of challenge is confined with regard to the deduction towards the personal living expenses and award of Rs.50,000/- towards love and affection. It is urged that in para 30 of the impugned judgment, The Trial Court held that where the number of dependents are two to three, 1/3rd of the deceased income is to be deducted towards the personal and living expenses. It is urged that while making the actual

calculations, the Claims Tribunal faltered and deducted 1/4th towards the personal living expenses instead of 1/3 rd. It is submitted that the compensation towards loss of love and affection is normally awarded upto Rs.25,000/-. Reliance is placed on Radhika Gupta & Others v. Oriental Insurance Co. Ltd., 2010 ACJ 758.

3. The Appeal is bound to succeed on both the grounds. It is not in dispute that the number of dependents were three and thus 1/3rd of the deceased's income was required to be deducted towards the personal and living expenses to compute the loss of dependency. On deducting one-third, the loss of dependency comes to Rs.6,14,448/- (54216 -1/3 X 17). The compensation awarded towards loss of love and affection is reduced to Rs.25,000/-.

4. In view of the above, the overall compensation is computed as under:

          S.No.          Compensation     Awarded     by Awarded            by
                         Head             the    Claims the           High
                                          Tribunal        Court
          1.             Loss         of 6,91,254/-       6,14,448
                         Dependency
          2.             Loss of Love & 50,000/-          25,000/-
                         Affection
          3.             Loss of Estate   10,000/-        10,000/-
          4.             Funeral          10,000/-        10,000/-





                           Expenses
          5.              Loss         of 10,000/-        10,000/-
                          Consortium
                          Total           7,71,254/-      6,69,448/-




5.       The       compensation   is   reduced   to    Rs.6,69,448/-from
          Rs.7,71,254/-

6. The excess amount along with interest, if any, earned during the pendency of the Appeal shall be returned to the Appellant New India Assurance Co. Ltd. Rest of the amount shall be released/held in Fixed Deposit in terms of the Tribunal order with UCO Bank, Delhi High Court Branch.

7. The statutory amount of Rs.25,000/- shall be returned to the Appellant.

8. The Appeal is allowed in above terms.

9. No costs.

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