Delhi High Court
Oriental Insurance Co. Ltd. vs Shashi Bala & Ors. on 25 July, 2013
Author: Suresh Kait
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 25th July, 2013
+ MAC.APP. No. 622/2012
ORIENTAL INSURANCE CO. LTD. ..... Appellant
Through: Mr. Pradeep Gaur, Advocate.
Versus
SHASHI BALA & ORS. ..... Respondents
Through: Mr. Vishal Soni and
Mr. Gurmeet Singh, Advocates for Respondent
Nos. 1 to 6.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
MAC.APP. No. 622/2012
1. The present appeal has been preferred against the impugned award
dated 27.03.2012, whereby the learned Tribunal while awarding
compensation has granted 50% towards future prospects.
2. Learned counsel appearing on behalf of the appellant/Insurance
Company submits that at the time of the accident, the age of the deceased
was 42 years, therefore, in view of the dictums of Reshma Kumari & Ors.
Vs. Madan Mohan & Anr. delivered in Civil Appeal No. 4646 of 2009 on
02.04.2013 and Rajesh & Ors. Vs. Rajbir Singh, 2013 (6) SCALE 563,
maximum 30% should have been given towards future prospects.
3. Learned counsel appearing on behalf of the respondent Nos. 1 to
6/claimants does not dispute the legal position and submits that if the future
prospects is reduced from 50% to 30% he has no objection.
4. In view of the above, the future prospects are reduced from 50% to
30%.
5. Learned counsel for the appellant/Insurance Company submits that in
the claim petition, though the claimants have claimed salary of the deceased
as Rs.10,000/-per month, whereas the learned Tribunal has considered the
same as Rs.17,668/- per month.
6. However, perusal of the record reveals that PW3 Bihari Lal proved
the salary certificate Ex.PW3/1 issued by the Depot Manager, Dilshad
Garden, Delhi. As per the said salary certificate, the total salary of the
deceased Rakesh Kumar was Rs.17,668/- per month. Therefore, I do not find
any substance in the submission of the learned counsel for the
appellant/Insurance Company.
7. Learned counsel for the respondent Nos. 1 to 6/claimants submits
though the claimants have not filed any cross-appeal to the award dated
27.03.2012, but this Court has the power to award just and proper
compensation as the learned Tribunal has granted non-pecuniary damages at
a very lower side. Only Rs.5,000/- towards funeral expenses and
Rs.10,000/- each on account of loss of love and affection and loss of estate
have been granted by the learned Tribunal.
8. Learned counsel for the respondent Nos. 1 to 6/claimants further
submits that whereas keeping in view the dictum of Rajesh Kumar (supra),
the learned Tribunal should been granted Rs.25,000/- towards funeral
expenses and Rs.1,00,000/- each towards loss of love and affection and loss
of estate.
9. I find force in the submissionS of the learned counsel for the
respondent Nos. 1 to 6/claimants.
10. Therefore, in view of the above submissions and keeping in mind the
dictum of Rajesh Kumar (supra), the compensation amount would be as
under:-
Compensation on account of Rs.28,72,674/-
Loss of Dependency
Funeral expenses Rs. 25,000/-
On account of Loss of Love & Rs. 1,00,000/-
Affection
On account of contribution Rs. 1,00,000/-
towards Loss of Estate
-------------------
Total Rs.30,97,674/-
-------------------
In view of the above, the compensation amount is reduced from
Rs.33,14,640/- to Rs.30,97,674/-.
11. Thus, the claimants/respondents are entitled for an amount of
Rs.30,97,674/- as compensation along with interest @ 7.5 % per annum
from the date of filing of the petition till realization.
12. Vide order dated 30.05.2012, execution of the impugned award was
stayed subject to deposit of 80% of the award amount alongwith up to date
interest with the UCO Bank, High Court of Delhi, New Delhi. It was further
directed to release 50% of the award amount in favour of the respondent
Nos. 1 to 6/claimants in terms of the order passed by the Claims Tribunal.
13. Accordingly, the appellant/Insurance Company is directed to deposit
the balance amount, if any, with the Registrar General of this Court within
four weeks from the date of receipt of this order.
14. Thereafter, Registrar General shall deposit the said amount with UCO
Bank, Delhi High Branch, New Delhi.
15. The Manager, UCO Bank, Delhi High Court Branch is directed to
release the balance compensation amount with up-to-date interest in favour
of the respondents/claimants in terms of the award dated 27.03.2012 passed
by the learned Tribunal.
16. The Registry of this Court is directed to release the statutory amount,
if any, in favour of the appellant/Insurance Company.
17. The instant appeal is disposed of in the above terms.
CM No. 10228/2012 (for stay)
With the disposal of the appeal itself, the instant application has
become infructuous. The same is disposed of accordingly.
SURESH KAIT, J.
JULY 25, 2013
Sb/jg/RS
