Delhi High Court
New India Assurance Co Ltd vs Anita Devi & Ors on 23 August, 2013
Author: Suresh Kait
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 23rd August, 2013
+ MAC.APP. 99/2012
NEW INDIA ASSURANCE CO LTD ..... Appellant
Through: Mr. Kanwal Chaudhary, Adv.
versus
ANITA DEVI & ORS ..... Respondents
Through: Mr. Sunil Kr. Jha, Adv.
for R-1 to 9.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. The present appeal is directed against the award dated
22.10.2011 passed by the learned Tribunal whereby a compensation
of Rs.10,46,394/- was granted in favour of the respondents/claimants
with interest @ 7.5 per cent per annum from the date of filing the
petition till the date of realization.
2. Mr. Kanwal Chaudhary learned counsel appearing on behalf of
the appellant has argued the present appeal only on the ground that the
learned Tribunal has awarded a compensation towards loss of love
and affection Rs.1.00 lakh and Rs.20,000/- towards funeral expenses,
as non pecuniary damages on the higher side.
3. Learned counsel has fairly conceded that he is not urging the
ground of minimum wages considered by the learned Tribunal in view
of the judgement of the Hon'ble Supreme Court in Rajesh & Ors. Vs.
Rajbir Singh & Ors. 2013 (6) SCALE 563.
4. On the other hand, counsel appearing on behalf of respondents
1 to 9 has relied upon the case of Rajesh & Ors. (supra), and
submitted that in the said case the Hon'ble Supreme Court has granted
Rs.1.00 lakh towards loss of love and affection and Rs.25,000/-
towards the funeral expenses. Therefore, this case is fully covered by
the dictum of the Apex Court.
5. I find force in the submission of the learned counsel for the
respondents/claimants and therefore, in view of the dictum of the
Rajesh & Ors. (supra), I do not find any substance in the arguments
advanced by the counsel for the appellant.
6. At this stage, learned counsel for the respondents claimants
submits that this Court has ample power to see whether the Tribunal
has granted just and fair compensation. Therefore, he submits that
towards loss of consortium the learned Tribunal has granted only
Rs.10,000/- whereas in case of Rajesh & Ors. (supra) the Hon'ble
Supreme Court has granted Rs.1.00 lakh. Therefore, the amount
towards compensation for loss of consortium has to be enhanced.
7. I find force in the submission of the learned counsel for the
respondents and therefore, in view of the dictum of Rajesh & Ors.
(supra) I enhance the amount of compensation for loss of consortium
to Rs.1.00 lakh from Rs.10,000/-.
8. Accordingly, the appellant is directed to deposit the enhanced
amount of Rs.90,000/- with interest from the date of filing of the
appeal till date of realisation of the enhanced amount with the
Registrar General of this Court within five (5) weeks from today,
failing which the appellant shall be liable for penal interest @ 12 per
cent on delayed payment.
9. In view of the above the instant appeal is disposed of.
10. The balance compensation (if any) be released in favour of the
respondent claimant in terms of award dated 22.10.2011 on their
taking steps.
11. The enhanced compensation amount shall be released in favour
of respondent No.1, Smt. Anita Devi @ Kalander, the widow of
deceased Shri Hari Ram Sharma on her taking steps.
12. At this stage the counsel for the respondents/claimants has
drawn the attention of this Court that in the claim petition filed by the
claimants, the name of claimant No.7, Ms. Nanhki @ Sunita D/o late
Shri Hari Ram Sharma was mentioned correctly whereas while
passing the award dated 22.10.2011 in the memo of parties the learned
Tribunal has mentioned the name as Ms. Nanhki D/o late Shri Hari
Ram Sharma. It is stated that even in the present appeal the name of
respondent No.7 is written as Ms. Nanhki.
13. Learned counsel submits that in view of the above the Registrar
General be directed to release her share in favour of Ms. Nanhki @
Sunita D/o late Shri Hari Ram Sharma. It is ordered accordingly.
14. The statutory amount be released in favour of the appellant on
receipt of the enhanced amount.
SURESH KAIT, J
AUGUST 23, 2013/b'nesh
