National Insurance Company Ltd. vs Omwati And Ors
2012 Latest Caselaw 1597 Del

Citation : 2012 Latest Caselaw 1597 Del
Judgement Date : 6 March, 2012

Delhi High Court

National Insurance Company Ltd. vs Omwati And Ors on 6 March, 2012

Author: G.P. Mittal

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                          Decided on: 6th March, 2012

+       MAC.APP. 896/2010

        NATIONAL INSURANCE COMPANY LTD ..... Appellant
                       Through: Ms. Manjusha Wadhwa, Adv.
                versus

        OMWATI AND ORS                            ..... Respondents
                    Through:          Mr. S.N. Parashar, Adv. for R-1
                                      to R-4.

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

G. P. MITTAL, J. (ORAL)

1. This is an appeal for reduction of compensation of ` 12,14,625/- awarded for the death of Lekh Raj who died in an accident which occurred on 27.4.2010.

2. During enquiry before the Tribunal, it was stated that the deceased was earning ` 8,000/- per month as he was working as a rickshaw puller. The claimants testimony was challenged by giving a suggestion that the deceased was not a rickshaw puller. Obviously, there could not be any documentary evidence with regard to the fact that the deceased was earning his livelihood rickshaw pulling.

3. The Claims Tribunal adopted the minimum wages of a

matriculate, added 50% towards inflation to compute the loss of dependency.

4. As a rickshaw puller, I would presume the deceased's income to be at least ` 200 per day or ` 6000 per month. On making a provision of 1/4th towards his personal and living expenses (as the number of dependents were 4) and on adopting a multiplier of 15, the loss of dependency would come to ` 8,10,000/ (` 6000x12x3/4x15). On adding a sum of ` 25,000/- towards loss of love and affection, ` 10,000/- each towards loss to estate, towards funeral expenses and towards loss of consortium, the overall compensation comes to ` 8,65,000/- which shall carry interest @7.5% per annum as awarded by the Tribunal.

5. The overall compensation is reduced from ` 12,14,625/- to `8,65,000/- The awarded amount shall be disbursed/held in Fixed Deposit in UCO Bank, Delhi High Court Branch in the proportion as ordered by the Claims Tribunal.

6. The excess amount along with accrued interest, if any, during the pendency of the appeal shall be refunded to the Appellant.

7. The Appeal is allowed in above terms.

(G.P. MITTAL) JUDGE MARCH 06, 2012 dk