Smt. Hira Devi & Ors. vs New India Assurance Co. Ltd. & Ors
2012 Latest Caselaw 3280 Del

$~R-43

*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                       Date of decision:16th May, 2012

+        FAO. No.715/2003 & CM. APPL No.4050/2009

         SMT. HIRA DEVI & ORS.
                                            ..... Appellants
                           Through:    Mr.Nitinjya Chaudhary with
                                       Mr. Aatreya Singh, Advocates

                     Versus

         NEW INDIA ASSURANCE CO. LTD. & ORS
                                     ..... Respondents
                      Through: Mr. Pankaj Seth, Advocate for
                               the Respondent No.1 Insurance
                               Company.


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

                           JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appellant impugns a judgment dated 03.03.2003 passed by the Claims Tribunal whereby a compensation of `1,58,400/- was awarded for the death of Rameshwar Dayal Gupta who died in an accident which occurred on 19.10.1991.

2. During the course of hearing, the only ground urged by the learned counsel for the Appellant is that no non-pecuniary damages were granted by the Claims Tribunal while awarding the compensation.

3. The learned counsel for the Appellant is right that appropriate compensation ought to have been granted by the Claims Tribunal towards non-pecuniary damages. Considering that this accident took place in the year 1991, I award a compensation of `15,000/- towards loss of love and affection and `10,000/- each

towards loss to estate and loss of consortium and `5,000/- towards funeral expenses.

4. The enhanced compensation of `40,000/- shall carry interest @ 9% per annum from the date of filing of the Petition till the date of the award i.e. 03.03.2003 and @ 7.5% per annum from 04.03.2003 till the date of payment.

5. The First Appellant has since died. This accident took place 21 years back. All the children of the deceased are now grown up. It is urged by the learned counsel for the Appellants that the entire enhanced compensation be made payable to the Second Appellant. Thus, it is directed that the enhanced compensation along with interest shall be payable only to the Second Appellant Vishnu Kumar.

6. The Respondent No.1 New India Assurance Co. Ltd. is directed to deposit the enhanced amount along with interest in the name of the Second Appellant in UCO Bank, Delhi High Court

Branch within six weeks which shall be released immediately to him (the Second Appellant) on deposit.

7. The Appeal is allowed in above terms.

8. A copy of the order be given Dasti to the counsel for the Respondent No.1 Insurance Company for compliance.

(G.P. MITTAL) JUDGE MAY 16, 2012 pst