New India Assurance Co. Ltd. vs Jaila Devi & Ors.
2012 Latest Caselaw 1650 Del

R-13(Part-III)
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                    +       MAC.APP.701/2006

%                              Date of decision: 7th March, 2012

      NEW INDIA ASSURANCE CO. LTD.       ...... Appellant
                    Through : Mr. Ram Ashray, Adv.

                   versus

      JAILA DEVI & ORS.                         ..... Respondents
                     Through : None.

       CORAM:
       HON'BLE MR. JUSTICE J.R. MIDHA

                        JUDGMENT (ORAL)

1. The appellant has challenged the award of the Claims

Tribunal whereby compensation of `2,75,000/- has been

awarded to claimants/respondents No.1 to 3.

2. The accident dated 15th November, 1986 resulted in the

death of Ram Janam Yadav. The deceased was survived by his

widow and two children who filed the claim petition before the

Claims Tribunal. The deceased was aged 32 years at the time

of the accident and was employed as driver, earning `1,200/-

per month. The Claims Tribunal added 50% towards the future

prospects, deducted 1/3rd towards the personal expenses and

applied the multiplier of 17 to compute the loss of dependency

at `2,44,800/-. `25,000/- was awarded towards loss of love

and affection and `5,000/- was awarded towards funeral

expenses. The total compensation awarded was `2,74,800/-.

3. The learned counsel for the appellant has urged at the

time of hearing of this appeal that there was no documentary

proof of income of the deceased and, therefore, the Claims

Tribunal should have taken the minimum wages into

consideration. It is further submitted that the future prospects

should not be taken into consideration. It is further submitted

that the liability of the appellant is limited to `1,50,000/- under

the policy.

4. The widow of the deceased appeared in the witness box

as PW-1 to prove the age and income of the deceased. PW-1

deposed that her husband was working as a driver, earning

`1,200/- per month. There was no rebuttal to the said

evidence. The plea of limited liability of `1,50,000/- was not

raised in the written statement. The appellant did not lead any

evidence to rebut the evidence led by the claimants or to

prove the policy in question. The amount awarded by the

Claims Tribunal is just, fair and reasonable and does not

warrant any interference. There is no infirmity in the findings

of the Claims Tribunal.

5. It is noted that the claimants were also entitled to loss of

consortium which has not been awarded by the Claims

Tribunal. However, since there is no appearance on behalf of

the claimants who have also not filed any cross-objections, no

further orders are warranted in this matter.

6. For the aforesaid reasons, the appeal is dismissed.

7. The statutory amount deposited by the appellant be

returned back to the appellant through counsel within four

weeks.

8. Copy of this judgment be sent to respondents No.1 to 3

as well as their counsel.

9. The LCR be sent back forthwith.

J.R. MIDHA, J MARCH 07, 2012 mk