Icici Lombard General Insurance ... vs Sumitra Devi & Ors.
2012 Latest Caselaw 298 Del

$~8
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                     Date of decision: 16th January, 2011
+       MAC APP. 34/2010

        ICICI LOMBARD GENERAL
        INSURANCE CO. LTD.                 ..... Appellant
                  Through: Ms. Suman Bagga, Adv.

                            Versus

        SUMITRA DEVI & ORS.                  ..... Respondents
                 Through: Mr. S. N. Parashar, Adv.

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

                            JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appellant ICICI Lombard General Insurance Company Ltd. seeks reduction of compensation in respect of death of Surender Singh, who died in a motor accident on 11.04.2008.

2. The bone of contention between the parties is deceased's salary on the date of his death. During the pendency of this Appeal, additional evidence was adduced by examining Mr.Jagat Singh, UDC from ITBP, who produced the salary certificate Ex.RW1/1 in respect of the salary payable to the Appellant. It is borne out from the salary certificate that the salary was revised by order of the Pay Commission dated 29.08.2008 w.e.f. 01.01.2006.

However, the Transport Allowance and HRA was increased only w.e.f. 01.09.2008 i.e.2008 and were increased from ` 75/- to ` 896/- and ` 1,710/- to ` 2,802/- respectively. Thus, the claimant were entitled to the enhanced salary except the aforesaid two allowances which was actual salary of the deceased on the date of the accident.

3. There is no dispute with regard to the selection of multiplier. It is urged by the learned counsel for the Respondent that no amount of compensation was awarded towards love and affection. The compensation has to be re-assessed on the basis of last pay certificate produced before this court. The revised loss of dependency comes to ` 13,197/- + 50% x 12 - ` 8755/- (income tax) - 1/4th x 16 = ` 27,45,492/-. In addition, notional sum of ` 25,000/- towards love and affection, ` 8,000/- towards funeral expenses, ` 10,000/- each towards loss of consortium and loss of estate is granted to the Claimants.

4. The overall compensation is reduced from ` 32,31,056/- to ` 27,98,492/-. After deducting the sum of ` 50,000/- paid by Tribunal under Section 140 of MV Act. The amount shall be distributed amongst the Respondents in the same proportion as awarded in para 14 of the impugned award. The excess amount shall be refunded to the Insurance Company along with interest earned thereon, if any, during the pendency of the appeal. The statutory amount of ` 25,000/- shall also be returned to the appellant.

5. The appeal is allowed in the above terms.

(G.P. MITTAL) JUDGE JANUARY 16, 2012 neelam