Iffco Tokio General Insurance Co. ... vs Uttam Singh & Ors.
2012 Latest Caselaw 230 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                           Decided on: 12th January, 2012
+       MAC.APP. 917/2011

        IFFCO TOKIO GENERAL INSURANCE CO. LTD
                                               ..... Appellant
                      Through: Ms. Suman Bagga, Adv.

                     versus

        UTTAM SINGH & ORS                ..... Respondent
                 Through: Mr. Madan Sagar, Adv. for R-1 to 3.
                          Mr. Jai Prasad, Adv. with
                          Mr. Rishi Pal Singh Adv. for R-4 & 5.
        CORAM:
        HON'BLE MR. JUSTICE G.P.MITTAL

                              JUDGMENT

G. P. MITTAL, J. (ORAL)

1. This case relates to the death of Smt. Manglo Devi who was aged about 65 years at the time of the accident. By the impugned order dated 29.08.2011, the Motor Accident Claims Tribunal, (the Tribunal) concluded that there was no loss of dependency, yet awarded a sum of ` 2,75,000/- towards the loss of love and affection, `10,000/- towards funeral expenses and ` 15,000/- towards loss of estate.

2. Ms. Suman Bagga, learned counsel for the Appellant submits that the grant of compensation of `2,75,000/- for loss of love and affection was highly exorbitant. Normally, the notional sum is awarded under the head of loss of love and affection.

Learned counsel for the Appellant placed reliance on Smt. Manjuri Bera v. The Oriental Insurance Company Ltd. & Anr., AIR 2007 SC 1474, where an amount of Rs.50,000/- payable under Section 140 of the Motor Vehicles Act was taken as compensation on account of loss of estate.

3. In the present case, in view of the peculiar facts that Respondents No.1 to 3 (the Claimants) were not financially dependent on the deceased, a sum of `25,000/- towards the loss of love and affection and `10,000/- towards funeral expenses is awarded in addition to `50,000/- towards loss of estate. The overall compensation comes to `85,000/-.

4. The compensation awarded shall carry interest @ 7.5% per annum as awarded by the Tribunal and shall be released in favour of Respondents No.1 to 3 in equal proportion forthwith.

5. The excess amount along with interest earned if any, during the pendency of the appeal, shall be refunded to the Appellant IFFCO Tokyo General Insurance Company Limited. The statutory amount of ` 25,000/- shall also be refunded.

6. The Appeal is allowed in above terms.

7. Pending applications also stands disposed of.

(G.P. MITTAL) JUDGE JANUARY, 12, 2012/vk