Delhi High Court
National Insurance Co Ltd vs Smt Sita Devi & Ors on 30 May, 2012
Author: G.P. Mittal
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 30th May, 2012
+ MAC.APP. 337/2012
NATIONAL INSURANCE CO LTD ..... Appellant
Through: Ms. Shantha Devi Raman,
Advocate
versus
SMT SITA DEVI & ORS ..... Respondents
Through: Mr. S.N. Parashar, Advocate
Mr. Abhay N. Das, Advocate
for DTC.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. Respondent No. 7 and Respondent No.9 (Manoj Kumar and
M/s. Today Footwears Pvt. Ltd.) have not been served. It is,
however, stated by the learned counsel for the Appellant that
both the vehicles involved in the accident were insured with
National Insurance Company.
2. There is no breach of the policy condition and the Appellant
Insurance Company has challenged only the quantum of
compensation. In the circumstances, service of Respondents
No.7 and 9 is dispensed with.
3. The Appeal is taken for final disposal.
4. The Appeal is for reduction of compensation of `13,41,400/-
awarded by the Motor Accident Claims Tribunal (the Claims
Tribunal) for the death of Dharampal who died in a motor
accident which occurred on 09.07.2006.
5. Following contentions are raised on behalf of the Appellant
Insurance Company:-
(i) There was no evidence of future prospects, in spite of
this, the Claims Tribunal added 50% towards the future
prospects, and
(ii) The compensation of `1,50,000/- awarded towards loss of
love and affection is on the higher side.
6. On the date of the accident deceased Dharampal was aged 32
years. He was working as a shoe designer with M/s. AIR Grip
Footwear Pvt. Ltd. and was getting a salary of `5,400/- per
month. PW-3 Subhash Chand, Director of M/s. AIR Grip
Footwear Pvt. Ltd testified that the deceased was a permanent
employee and as per the company's policy, every permanent
employee including the deceased was being given an increase of
10% every year.
7. The Claims Tribunal rightly applied the ratio of Sarla Verma
(Smt.) & Ors. v. Delhi Transport Corporation & Anr., (2009) 6
SCC 121 in making an addition of 50% towards the future
prospects considering the age of the deceased to be 32 years.
Thus, I do not find any error or infirmity in the grant of addition
on account of future prospects.
8. 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 from `1,50,000/- to ` 25,000/- only.
9. In view of the above discussion, there is reduction of
`1,25,000/- in the compensation.
10. The overall compensation stands reduced from `13,41,400/- to
` 12,16,400/- (including the interim compensation of `50,000/-)
which shall carry interest @ 7.5% per annum from the date of
filing of the Petition till its deposit.
11. By order dated 20.04.2012, subject to deposit of a sum of
`12.16 lacs along with proportionate interest with the Registrar
General of this Court, the execution of the award was stayed.
12. Appellant Insurance Company is directed to deposit the balance
sum of `400/- along with proportionate interest in the name of
Respondent No.1 in UCO Bank, Delhi High Court, New Delhi
within six weeks.
13. The compensation payable to Respondent No.5 Raghbir Singh,
father of the deceased would reduced to `5,000/-. There would
be reduction in the compensation apportioned to each of the
Respondents No.2,3,4 and 6 by `30,000/-.
14. The statutory amount of `25,000/- be refunded to the Appellant
Insurance Company.
15. The Appeal is allowed in above terms.
(G.P. MITTAL)
JUDGE
MAY 30, 2012
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