Sushila Devi & Ors vs Icici Lombard General Insurance ...
2012 Latest Caselaw 5244 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                        Decided on: 3rd September, 2012
+       MAC.APP. 967/2012

        SUSHILA DEVI & ORS                       ..... Appellants
                      Through:           Mr.Kundan Kumar Lal,
                                         Advocate
                     versus

        ICICI LOMBARD GENERAL INSURANCE CO LTD & ORS
                                         ..... Respondents
                      Through: Ms.Suman Bagga, Advocate for
                               R-1.
        CORAM:
        HON'BLE MR. JUSTICE G.P.MITTAL

                              JUDGMENT

G. P. MITTAL, J. (ORAL)

CM APPL.15237/2012 (Exemption) Exemption allowed, subject to all just exceptions.

The Application is allowed.

C.M. APPL.15238/2012(Delay) There is a delay of 70 days in filing the Appeal. For the reasons as stated in the Application, the delay is condoned.

The application stands disposed of.

MAC.APP. 967/2012

1. The Appeal is for enhancement of compensation of `3,42,000/-

awarded for the death of Sumit Chauhan, a bachelor aged 18 years. Admittedly he was a matriculate. The Appellant's contention is that the deceased was pursuing higher studies and was doing diploma in computers. The Certificates with respect to his educational qualifications were proved as Ex.PW-1/5.

2. It is conceded by the learned counsel for Respondent No.1 that the Appellants are entitled to a compensation on the basis of minimum wages of a matriculate and an addition of 30% towards inflation on the basis of Santosh Devi v. National Insurance Company Ltd. & Ors., 2012 (4) SCALE 559. Thus the loss of dependency comes to `3,50,149/- (`4081+30%x12x1/2x11). On adding a sum of `45,000/- towards non-pecuniary damages as granted by the Claims Tribunal the overall compensation comes to `3,95,149/-. The enhanced compensation of `53,149/- shall carry interest @ `7.5% per annum from the date of filing of the petition till its payment.

3. The enhanced amount shall be equally shared between both the Appellants. The amount shall be deposited with the Claims Tribunal and shall be released in the above stated terms.

4. The Appeal is allowed in above terms.

5. Pending applications also stand disposed of.

(G.P. MITTAL) JUDGE SEPTEMBER 03, 2012 mr