Oriental Insurance Co Ltd vs Ekrammuddin & Ors
2012 Latest Caselaw 3454 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      Date of decision:23rd May, 2012

+       MAC.APP. 579/2012

        ORIENTAL INSURANCE CO LTD             ..... Appellant
                     Through: Mr.Tarkeshwar Nath and
                              Mr.Saurabh Kumar Tuteja,
                              Advocates.

                       versus

        EKRAMMUDDIN & ORS                       ..... Respondents
                   Through:           None.

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

                                JUDGMENT

G. P. MITTAL, J. (ORAL)

1. This Appeal is for reduction of compensation of ` 3.75,000/-

awarded for the death of Nadeem a 10 years old school going boy who died in an accident which occurred on 21.01.2007.

2. The Claims Tribunal relying on the judgment of his Court in National Insurance Company Limited v. Farzana & Ors., 2009 ACJ 2763 awarded a compensation of ` 3.75 lacs.

3. It is urged by the learned counsel for the Appellant that deduction of 1/3rd must be made towards personal and living expenses as was laid down in R.K.Malik v. Kiran Pal 2007 ACJ

2010.

4. In the case of Manju Devi & Anr. v. Musafir Paswan & Anr. VII (2005) SLT 257 a boy aged 13 years died in a accident which occurred on 02.07.1998, the Supreme Court granted a compensation of `2,25,000/- on a multiplier of 15 without making deduction of 1/3rd towards personal and living expenses. Para 3 of the report in Manju Devi (supra) is extracted hereunder:-

"As set out in the Second Schedule to the Motor Vehicles Act, 1988, for a boy of 13 years of age, a multiplier of 15 would have to be applied. As per the Second Schedule, he being a non-earning person, a sum of `15,000/- must be taken as the income. Thus, the compensation comes to `2,25,000/-"

5. This Court in Shyam Narayan v. Kitty Toors, IV (2005) ACC 1 relying on the judgment of Manju Devi (supra) granted a sum of `2.25,000/- towards loss of dependency in case of death of a

minor child aged 5 years.

6. This Court in R.K.Malik v. Kiran Pal 2007 ACJ 2010 granted a compensation of `75,000/- towards non pecuniary damages i.e. towards pain and suffering, loss of expectancy of life which was upheld by the Supreme Court in R.K.Malik v. Kiran Pal 2009 SCC (8) scale 451. The Supreme Court further awarded a sum of `75,000/- towards future prospects.

7. This Court on the basis of the judgment in Manju Devi (supra),

R.K.Malik (supra) (decided by this Court) and R.K.Malik (supra) (decided by the Supreme Court) granted a compensation of `3,75,000/- (i.e. `2,25,000/- towards loss of dependency, `75,000/- towards non pecuniary damages and `75,000/-

towards future prospects).

8. I do not find any ground to interfere with the impugned judgment.

9. The Appeal is devoid of any merit. The same is accordingly dismissed.

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

11. Pending Applications also stand disposed of.

(G.P. MITTAL) JUDGE MAY 23, 2012 mr