Iffco Tokio General Insurance Co ... vs Ram Swaroop & Ors
2012 Latest Caselaw 2984 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                        Date of decision: 4th May, 2012
+       MAC.APP. 330/2011

        IFFCO TOKIO GENERAL INSURANCE CO LTD.
                                                  .... Appellant
                      Through: Mr. J.P.N. Shahi, Advocate

                    versus

        RAM SWAROOP & ORS                        ..... Respondents
                    Through:           Nemo.

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

                             JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appeal is for reduction of the compensation of ` 16,07,900/- awarded for the death of Kailash who died in a motor accident which occurred on 19.02.2008.

2. There is twin challenge to the impugned judgment. It is urged that the Respondents No.1 to 6 were not entitled to the grant of future prospects for lack of any evidence in this regard. Secondly, it is contended that a compensation of `1,50,000/- awarded towards Loss of Love and Affection was on the higher side.

3. The Respondents No.1 to 6 produced PW-1 Mange Ram,

Accountant of the deceased's employer. He testified that the deceased was working with their firm as an Executive Manager since the year 2001. Although, the salary slips for the year 2001 to 2006 were not filed, the salary slip for the current year shows an increase of `500/- in the basic salary from the month of March, 2007 onwards. Thus, it was established that the deceased was in permanent employment and was getting increments. The Claims Tribunal rightly granted future prospects.

4. The Claims Tribunal awarded a sum of `1,50,000/- towards Loss of Love and Affection. Loss of love and affection can never be measured in terms of money. Thus, uniformity has to be adopted by the Courts while granting non-pecuniary damages. The Supreme Court in Sunil Sharma v. Bachitar Singh (2011) 11 SCC 425 and in Baby Radhika Gupta v. Oriental Insurance Company Limited (2009) 17 SCC 627 granted only ` 25,000/- (in total to all the claimants) under the head of loss of love and affection. Thus, I would reduce the compensation under this head to ` 25,000/- only.

5. The overall compensation is thus reduced from `16,07,900/- to ` 14,82,900/-.

6. The compensation of ` 14,82,900/- shall be disbursed in favour of the Respondents No.1 to 6 in terms of the order passed by the Claims Tribunal.

7. The excess amount of `1,25,000/- along with the proportionate interest and the interest accrued during the pendency of the Appeal @ 7.5 % per annum, shall be refunded to the Appellant Insurance Company.

8. The statutory amount of `25,000/- shall also be refunded to the Appellant Insurance Company.

9. The Appeal is allowed in above terms.

10. Pending application stands disposed of.

(G.P. MITTAL) JUDGE MAY 04, 2012 vk