Major Ravinder Kumar vs Oriental Insu. Co. Ltd. & Ors
2012 Latest Caselaw 1470 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      Date of decision: 1st March, 2012
+       FAO 318/1999

        MAJOR RAVINDER KUMAR                  ..... Appellant
                       Through: Mr.Nitinjya Choudhary,
                                Advocate
                versus

        ORIENTAL INSU. CO. LTD. & ORS        ..... Respondents
                      Through: Mr.A.K.Soni, Advocate for R-1
                                 Mr.Pankaj Seth and Mr.Onkar
                                 Pandey, Advocate for R-3.
        CORAM:
        HON'BLE MR. JUSTICE G.P.MITTAL
                      JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appellants who are legal heirs of deceased Major Prakash Chandra seek enhancement of compensation of Rs.1,08,000/- for his death in an accident which occurred on 23.01.1991.

2. The Claims Tribunal accepted the deceased's salary to be Rs.3590, adopted a multiplier of '5' relevant to the deceased's age to compute the loss of dependency.

3. The Appellants' grievance is that the Appellant were not granted any compensation on account of loss of Love and Affection, Loss to Estate, Funeral Expenses and Loss of Consortium. The Claims Tribunal, it is argued acted illegally in declining award of interest for the period from the date of filing of the petition up to the

year 1998 when the deceased widow also expired (during the pendency of the Claim Petition).

4. In my view, the Appeal is bound to succeed. Considering that the accident occurred in the year 1991, I award a sum of Rs.10,000/- towards loss of Love and Affection, Rs.5,000/- towards Loss of Consortium, Rs.5,000/- towards Loss to Estate and Rs.2,000/- towards Funeral Expenses. The Appellants would be entitled to interest @ 12% per annum as awarded by the Tribunal from the date of the filing of the petition till the amount of Rs.1,08,000/- was paid to the Appellants. The Appellants would be entitled of interest @12% per annum on the enhanced amount of Rs.22,000/- from the date of filing of the petition till the date of judgment i.e. 04.01.1999 by the Tribunal and then @ 7.5% per annum from the date of the impugned judgment till the date of the payment in this Court.

5. Respondents No. 1 and 3 shall pay the compensation in ratio of 80% and 20% as directed by the Tribunal. They are directed to deposit the enhanced compensation of Rs.22,000/- along with interest within 30 days with Registrar General of this Court which shall be released immediately infavour of the Appellants in equal proportion.

6. The Appeal is allowed in above terms. Dasti.

(G.P. MITTAL) JUDGE MARCH 01, 2012/mr