Delhi High Court
Icici Lombard General Insurance ... vs Rehana & Ors. on 29 March, 2012
Author: G.P. Mittal
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision:29th March, 2012
+ MAC. APP. No.229/2011
ICICI LOMBARD GENERAL INSURANCE CO. LTD.
..... Appellant
Through: Ms. Garima Goswami, Advocate
for Ms. Suman Bagga, Advocate
Versus
REHANA & ORS. ..... Respondents
Through: Mr. Amit Kumar Pandey,
Advocate for the Respondents
No.1 to 6.
WITH
MAC. APP. No.357/2012
REHANA & ORS. ..... Appellants
Through: Mr. Amit Kumar Pandey,
Advocate for the Appellants
Versus
ICICI LOMBARD GENERAL INSURANCE CO. LTD.
..... Respondent
Through: Ms. Garima Goswami, Advocate
for Ms. Suman Bagga, Advocate
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
It is submitted by the learned counsel for the Respondents Claimants
that he filed Cross-Objections on 02.08.2011. The same were, however,
under objections. Since the main Appeal is taken up for final disposal, let
the cross-objections be registered as MAC APP. No.357/2012.
MAC APP Nos.229/2011 & 357/2012
1. Heard.
2. The only ground of challenge in this Appeal is that instead of
deduction of 1/4th towards the personal and living expenses, the
Claims Tribunal made a deduction of 1/5th. In the Cross-
Appeal, which has been registered as MAC APP No. 357/2012,
the Respondents (Claimants) grievance is that no compensation
towards love and affection has been awarded and the interest
awarded by the Claims Tribunal is very low.
3. It is well settled (Sarla Verma v. Delhi Transport Corporation,
(2009) 6 SCC 121) that whenever the dependents are 4-6, there
has to be deduction of 1/4th towards the personal and living
expenses. In this case, since the number of dependents were 6,
the Claims Tribunal ought to have made deduction of 1/4 th
towards the personal and living expenses instead of 1/5. Thus,
the loss of dependency comes to Rs.19,40,047/-(Rs.11844/- +
30% X 3/4 X 12 X 14).
4. The Claims Tribunal ought to have made some provision for
grant of compensation towards love and affection. I would
award a sum of Rs.25,000/- under the said head. As far as
award of interest @ 7.5% is concerned, the interest rates started
firming up in the year 2009. On long term deposits,
nationalized banks have started giving interest in the vicinity of
9% per annum. The Claim Petition was filed in November,
2009. Considering that there were 6 dependents, I would
enhance the rate of interest from 7.5% per annum to 9% per
annum.
5. The compensation is recomputed as under:
Sl. Compensation under Awarded by Awarded by
various heads the Claims this Court
No. Tribunal
1. Loss of Dependency Rs.20,69,383.68 Rs.19,40,047/-
2. Loss of Love & - Rs.25,000/-
Affection
3. Loss to Estate Rs.10,000/- Rs.10,000/-
4. Loss of Consortium Rs.10,000/- Rs.10,000/-
5. Funeral Expenses Rs.5,000/- Rs.10,000/-
Total Rs.20,94,383.68 Rs.19,95,047/-
(rounded to
Rs.20,94,400/-)
6. The overall compensation is reduced from Rs.20,94,400/- to
Rs. 19,95,047/-.
7. Since the rate of interest has been increased, the compensation
shall be recalculated by the Registry as well as by the Appellant
Insurance Company. If there is any shortfall, the same shall be
deposited by the Appellant Insurance Company with the
Registrar General of this Court within six weeks. If the amount
is found to be in excess, it shall be refunded to the Appellant
Insurance Company.
8. The amount awarded shall be disbursed/held in fixed deposit in
favour of Respondents No.1 to 6 in terms of the order passed by
the Claims Tribunal.
9. Both the Appeals are allowed in above terms.
(G.P. MITTAL)
JUDGE
MARCH 29, 2012
pst
