Delhi High Court
New India Ass. Co. Ltd. vs Ram Sringari Devi & Ors. on 23 January, 2012
Author: G.P. Mittal
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 17th January, 2012
Pronounced on: 23rd January, 2012
+ MAC.APP. 156/2011
NEW INDIA ASS.CO. LTD. ..... Appellant
Through: Mr. Rakesh Mittal, Adv.
versus
RAM SRINGARI DEVI & ORS. ..... Respondents
Through: Mr. Ketan Kumar, Adv.
for R-3.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J.
1. The Appellant New India Assurance Company Limited
impugns the judgment dated 06.08.2010 whereby a
compensation of ` 4,55,000/- was awarded to the legal
representatives of the deceased Bhim Dass @ Bhim Singh who
died due to the injuries he suffered, while driving Toyota
number HR-55-D-1961. The Appellant filed the Claim Petition
under Section 163-A of the Motor Vehicles Act (the M.V. Act)
against its own employer and owner of the offending vehicle
and the Insurance Company, which was not permissible under
Section 163-A of the M.V. Act on the basis of the authority in
(i) Ningamma & Anr. v. United India Insurance Company
Limited, (2009) 13 SCC 710 and (ii) National Insurance
Company Limited v. Sinitha & Ors., 2011 (13) SCALE 84.
Similar view was taken by the Punjab and Haryana High Court
in FAO No.1413/2000 titled General Manager, Chandigarh
Transport Undertaking-I, Chandigarh & Anr v. Kanwaljit Kaur
& Ors., decided on 09.05.2011.
2. The policy Ex.R2W1/1 was proved by the Appellant which
shows that two employees of vehicle Swaraj Mazda, Engine
No.SLTGT84812, Chassis No.TGZGL4GM 0091786 were
covered under the Workmen's Compensation Act, 1923 by
paying additional premium of ` 50/-.
3. The Respondents/Claimants must have prosecuted a Claim
Petition under Section 4 of the Workmen's Compensation Act,
1923 (the Act of 1923) for death of a workman before the
Commissioner, Workman's Compensation.
4. This Court being a Court of Appeal under Section 30 of the Act
of 1923, can itself compute the compensation and award it to
the Respondents Claimants instead of relegating them to
approach the Commissioner appointed under the Act of 1923.
5. As per Section 4 of the Act of 1923, in case of death resulting
from injury arising out of an employment, the compensation
payable is an amount equal to 50% of the monthly wages of the
deceased workman, multiplied by the relevant factor (as
mentioned in Schedule 4 of the Act of 1923).
6. Upender Dass @ Bhupender Singh's (PW-1) testimony that the
deceased was getting a salary of ` 40,000/- per annum was not
disputed by putting any question in cross-examination. Thus,
the compensation payable at the deceased's age i.e. 24 years
comes to ` 3,64,116/- (40,000/- ÷ 2 ÷ 12 x 218.47).
7. The Tribunal awarded a sum of ` 50,000/- towards loss of love
and affection apart from other non pecuniary damages, which is
not permissible under Section 4 of the Act of 1923.
8. The Appeal is allowed and the compensation awarded is
restricted to ` 3,64,116/- only. The compensation awarded shall
carry interest @ 7.5 per annum from the date of the filing of
petition till the date of payment.
9. A sum of ` 1,00,000/- along with the proportionate interest shall
be payable to Respondent No.2 and rest of the amount along
with the proportionate interest shall be payable to Respondent
No.1.
10. 80% of the awarded sum shall be held in fixed deposits and
10% each shall be released to the Respondents No.1 and 2
forthwith.
11. The Appeal is allowed in above terms. No costs.
12. Pending applications also stand disposed of.
(G.P. MITTAL)
JUDGE
JANUARY 23, 2012
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