Delhi High Court
National Insurance Company Ltd vs Master Vansh Tyagi & Ors on 17 September, 2012
Author: G.P. Mittal
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 17th September, 2012
+ MAC.APP. 1034/2012
NATIONAL INSURANCE COMPANY LTD ..... Appellant
Through: Ms. Archana Gaur, Adv.
versus
MASTER VANSH TYAGI & ORS ..... Respondent
Through: Nemo.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
CM APPL.16270/2012 (Exemption)
Exemption allowed, subject to all just exceptions.
The Application is allowed.
MAC.APP. 1034/2012
1. The Appellant National Insurance Company Limited takes exceptions to
a judgment dated 17.05.2012 passed by the Motor Accident Claims
Tribunal (the Claims Tribunal) whereby a compensation of `11,06,400/-
was awarded in favour of Respondents No.1 Master Vansh Tyagi for the
death of Smt. Kirti Tyagi (his mother) in a motor vehicle accident which
occurred on 03-04.06.2009.
2. The only ground of challenge raised during the hearing of the Appeal is
that the compensation awarded is excessive and exorbitant.
3. The Claims Tribunal followed the judgment of this Court in Royal
Sundaram Alliance Insurance Co Ltd.v. Master Manmeet Singh & Ors.,
MAC APP.590/2011, decided on 31.01.2012 and took the value of the
gratuitous services rendered by the housewife as per the minimum wages
of a non-Matriculate @ `3950/- per month, and considering that the
deceased Kirti Tyagi (a housewife) was aged 24 years, (as per the
postmortem report), made an addition of 25% and applied the multiplier
of 18 to compute the value of services rendered by a housewife to
`10,66,392/-.
4. On adding a notional sum of `25,000/- towards loss of love and affection,
`10,000/- towards loss to estate and `5,000/- towards funeral expenses,
the overall compensation of ` 11,06,400/- was awarded in favour of the
Respondent No.1.
5. In Master Manmeet Singh this Court noticed the following judgments of
the Supreme Court:-
(i) General Manager, Kerala State Road Transport Corporation,
Trivandrum v. Susamma Thomas (Mrs.) and Ors. (1994) 2 SCC
176,
(ii) National Insurance Company Limited v. Deepika & Ors., 2010 (4)
ACJ 2221,
(iii) Amar Singh Thukral v. Sandeed Chhatwal, ILR (2004) 2 Del 1,
(iv) Lata Wadhwa & Ors. v. State of Bihar & Ors., (2001) 8 SCC 197,
(v) Gobald Motor Service Ltd. & Anr. v. R.M.K. Veluswami & Ors.,
AIR 1962 SC 1,
(vi) A. Rajam v. M. Manikya Reddy & Anr., MANU/AP/0303/1988,
(vii) Morris v. Rigby (1966) 110 Sol Jo 834 and
(viii) Regan v. Williamson 1977 ACJ 331 (QBD England),
and laid down the principle for determination of loss of dependency on
account of gratuitous services rendered by a housewife. Para 34 of the
judgment in Master Manmeet Singh (supra) is extracted hereunder:-
"34. To sum up, the loss of dependency on account of gratuitous
services rendered by a housewife shall be:-
(i) Minimum salary of a Graduate where she is a Graduate.
(ii) Minimum salary of a Matriculate where she is a
Matriculate.
(iii) Minimum salary of a non-Matriculate in other cases.
(iv) There will be an addition of 25% in the assumed income in
(i), (ii) and (iii) where the age of the homemaker is upto 40
years; the increase will be restricted to 15% where her age
is above 40 years but less than 50 years; there will not be
any addition in the assumed salary where the age is more
than 50 years.
(v) When the deceased home maker is above 55 years but less
than 60 years; there will be deduction of 25%; and when the
deceased home maker is above 60 years there will be
deduction of 50% in the assumed income as the services
rendered decrease substantially. Normally, the value of
gratuitous services rendered will be NIL (unless there is
evidence to the contrary) when the home maker is above 65
years.
(vi) If a housewife dies issueless, the contribution towards the
gratuitous services is much less, as there are greater
chances of the husband's re-marriage. In such cases, the
loss of dependency shall be 50% of the income as per the
qualification stated in (i), (ii) and (iii) above and addition
and deduction thereon as per (iv) and (v) above.
(vii) There shall not be any deduction towards the personal and
living expenses.
(viii) As an attempt has been made to compensate the loss of
dependency, only a notional sum which may be upto `
25,000/- (on present scale of the money value) towards loss
of love and affection and ` 10,000/- towards loss of
consortium, if the husband is alive, may be awarded.
(ix) Since a homemaker is not working and thus not earning, no
amount should be awarded towards loss of estate."
6. An Appeal being SLP (C) No.19711/2012 filed against the above referred
judgment as ICICI Lombard General Insurance Company Limited v. Shiv
Kumar & Ors., was dismissed by the Supreme Court by an order dated
24.07.2012.
7. The Appeal is groundless; the same is accordingly dismissed.
8. The statutory deposit of `25,000/- shall be refunded to the Appellant
Insurance Company.
9. Pending Applications also stand disposed of.
(G.P. MITTAL)
JUDGE
SEPTEMBER 17, 2012
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