Azad Singh & Anr vs Sunil & Ors
2012 Latest Caselaw 3959 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                        Date of decision: 6th July, 2012
+       MAC.APP. 683/2012

        AZAD SINGH & ANR.                          ..... Appellants
                     Through:           Mr. Manish Maini, Adv.

                    versus

        SUNIL & ORS                           ..... Respondents
                             Through:   Ms. Shantha Devi Raman, Adv.
                                        for R-3.

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

                             JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appeal is for enhancement of compensation of `3,05,000/-

awarded for the death of Pradeep, who died in a motor accident which occurred on 30.08.2008.

2. The only ground of challenge is that the Claim Petition was filed under Section 163-A of the Motor Vehicles Act (the M.V. Act) and therefore, the compensation ought to have been awarded as per the structured formula given in the Second Schedule.

3. This Court in New India Assurance Co. Ltd. v. Pitamber & Ors., MAC APP.304/2009; Pitamber & Ors. v. Nirdosh Kumar & Anr.. MAC.APP. 345/2009 both decided on 23.01.2012 and

Jagdish & Anr. v. Madhav Raj Mishra and Anr. MAC APP.190/2011 decided on 19.04.2011; while relying on Deepal Girishbhai Soni v. United India Insurance Company Limited, (2004) 5 SCC 385 and Oriental Insurance Company Limited v. Meena Variyal (2007) 5 SCC 428, held that in a Claim Petition under Section 163-A of the M.V. Act, the compensation has to be awarded on the basis of the structured formula.

4. Ms. Shantha Devi Raman, learned counsel for the Respondent Insurance Company concedes that in a Claim Petition under Section 163-A of the M.V. Act, the compensation has to be paid as per the Second Schedule.

5. Applying the Second Schedule, the loss of dependency comes to `4,26,666/- (40,000/- x 2/3 x 16).

6. On adding a sum of `2,000/- towards funeral expenses and `2,500/- towards loss to estate and love and affection, the total compensation comes to `4,31,166/-.The compensation is enhanced from `3,05,000/- to `4,31,166/-.

7. The enhanced compensation of `1,26,166/- shall carry interest @ 7.5% per annum from the date of filing of the Petition till its payment.

8. The Respondent No.3 Future General India Insurance Company Ltd. is directed to deposit the enhanced compensation along with interest in the UCO Bank, Delhi High Court Branch in the

name of the Appellants within six weeks.

9. The enhanced compensation shall be payable to the Appellants in equal proportions. 75% of the compensation awarded shall be held in fixed deposits for a period of two years and four years in equal proportions.

10. The Appeal is allowed in above terms.

(G.P. MITTAL) JUDGE JULY 06, 2012 vk