Reliance General Insuranc Co. ... vs Vishnu Dutt Sharma & Ors.
2012 Latest Caselaw 358 Del

$~22
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                     Date of decision: 18th January, 2012
+        MAC. APP. No.820/2011

         RELIANCE GENERAL INSURANC CO. LTD. ..... Appellant
                      Through: Mr. K. L. Nandwani, Adv.

                        versus

         VISHNU DUTT SHARMA & ORS.           .... Respondents
                      Through: Mr. Manish Arora, Adv. for R-3
                               & R-4.

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

                                 JUDGMENT

G. P. MITTAL, J. (ORAL)

1. By the impugned award the Tribunal awarded a compensation of ` 4,20,000/- in respect of death of a minor aged 16 years, who was a student of class Xth. It is submitted by the learned counsel for the Appellant that the case is covered by the judgment of this Court in National Insurance Co. Ltd. v. Farzana & Ors., MAC. APP. No.13/2007 decided on 14.07.2009 and an overall compensation of ` 3,75,000/- was payable. It is submitted that the Tribunal wrongly applied the multiplier of '18' instead of '16', which was applicable at the age of sixteen and a half years.

2. Mr. K. L. Nandwani, learned counsel for the Appellant is right that the multiplier should be '16'. The compensation comes to ` 3,90,000/- (after adding ` 75,000/- towards loss of love and affection + ` 75,000/- towards loss of future prospects as per Farzana (supra)) which shall be payable to the Appellants along with interest in equal shares.

3. 50% of the amount shall be released forthwith. Rest 50% amount shall be held in FDR for a period of two years. The excess amount of ` 30,000/- along with interest, if any, earned during the pendency of the appeal and the statutory amount of ` 25,000/- shall be refunded to the Appellant.

(G.P. MITTAL) JUDGE JANUARY 18, 2011 hs