Delhi High Court
Narola & Otrs. vs Iffco Tokio Ins. & Otrs. on 1 August, 2013
Author: Suresh Kait
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 1st August, 2013
+ MAC.APP. 266/2013
NAROLA & OTRS. ..... Appellants
Through: Mr. Anshuman Bal, Advocate.
Versus
IFFCO TOKIO INS. & OTRS. ..... Respondents
Through: Mr. R.K.Raizada for Ms.Suman
Bagga, Advocate for Respondent
No.1.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. The present appeal is for enhancement of the compensation amount of
Rs.2,90,000/- which was awarded by the learned Tribunal in Suit No. 50/11
passed in a claim petition preferred under Section 163-A of the Motor
Vehicles Act, 1988(the Act).
2. The only ground of challenge raised by the learned counsel for the
appellants is that though the claim petition was filed by the
appellants/claimants U/s 163-A of the Act, however, the learned Tribunal
has granted compensation as per Section 166 of the Act and that the
multiplier has to be applied as per the age of the deceased and not as per the
age of the claimant.
3. In view of the above, the present case is covered by a judgment of this
Court in New India Assurance Co. Ltd. Vs. Pitamber & Ors.,
(MAC.APP.304/2009) decided on 23.01.2012. This Court referred to the
decision in Oriental Insurance Company Limited Vs. Smt. Pataso & Ors.,
MAC APP.962/2005 decided on 01.09.2008; Oriental Insurance Company
Limited Vs. Om Prakash & Ors., 1 (2009) ACC 148; Jagdish & Anr. Vs.
Madhav Raj Mishra and Anr. MAC APP.190/2011 decided on 19.04.2011;
and Oriental Insurance Company Limited Vs. Anita Devi & Ors., 20011
(5) AD (Delhi) 138, decided on 10.05.2011; Oriental Insurance Company
Vs. Hansrajbhai Vs. Kodala, (2001) 5 SCC 175; and Deepal Girishbhai
Soni Vs. United India Insurance Company Limited, (2004) 5 SCC 385; and
held that in a petition under Section 163-A of the Act there is a cap of
Rs.40,000/- on the annual income and the compensation including non-
pecuniary damages have to be awarded as per the Second Schedule.
4. Hence, the loss of dependency comes to Rs.4,53,333/-(Rs.40,000/- X
/3 X 17).
5. The compensation awarded towards funeral expenses as Rs.10,000/- is
not consistence with the Second Schedule. Therefore, the Appellants are
entitled to a sum of Rs.2,000/- towards funeral expenses. Since the present
appeal is being decided U/s 163-A of the Act, therefore, appellants are also
entitled for compensation of Rs.2,500/- towards loss of Estate. I grant
accordingly.
6. In view of the above, the overall compensation comes to Rs.4,57,833/-.
7. The enhanced compensation of Rs.1,67,833/- (Rs.4,57,833 -
Rs.2,90,000) shall carry interest @ 9% per annum from the date of the filing
of the petition till its payment.
8. The Respondent No.1/National Insurance Company Ltd. is directed to
deposit the enhanced amount of Rs.1,67,833/- along with interest with the
Registrar General of this Court within six weeks from today. On deposit, the
enhanced compensation shall be released in favour of the claimants.
9. The Appeal is allowed in above terms.
SURESH KAIT, J.
AUGUST 01, 2013
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