Delhi High Court
Bazaz Allianz General Insurance ... vs Roopwati & Ors. on 23 May, 2013
Author: Suresh Kait
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 23rd May, 2013
+ MAC.APP. 478/2010
BAZAZ ALLIANZ GENERAL INSURANCE CO. LTD. ..... Appellant
Through: Mr. Rajat Brar, Adv.
versus
ROOPWATI & ORS. ..... Respondents
Through: Mr. Amitabh Jha, Adv. for R1 to R7.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Instant appeal has been preferred against the impugned judgment
dated 15.04.2010 whereby, the Ld. Tribunal while granting compensation
has added 50% towards future prospects in favour of the respondents /
claimants.
2. The only issue, as has been argued by the counsel for the appellant, is
that the Ld. Tribunal has wrongly granted 50% towards future prospects,
whereas in the view of the dictum of Sarla Verma v. DTC and Ors. 2009 (6)
SCC 121 which has been further affirmed by Full Bench Judgment of the
Apex Court in case of Reshma Kumari & Ors. v. Madan Mohan & Ors.
2013 IV AD (S.C.) 516, keeping in view the age of the deceased as 42 years
at the time of accident, compensation towards future prospects should have
been granted as 30%.
3. Ld. Counsel appearing on behalf of the respondents / claimants does
not disagree with the legal position as argued by the counsel for the
appellant.
4. In view of the above, I reduce the compensation towards future
prospects from 50% to 30%. Accordingly, the compensation amount would
be as under:-
Income : Rs.4000/- p.m.
Future prospects 30% i.e. : Rs.1200/-
Deduction 1/4th i.e. : Rs.1300/-
Actual Income : Rs. 3,900/- p.m.
Annual income (3900x12) : Rs. 46,800/-
Multiplier : 14
Loss of dependency
(3900x12x14) : Rs.6,55,200/-
In view of above, the compensation amount is as under:-
Loss of dependency : Rs. 6,55, 200/-
Loss of consortium : Rs. 10,000/-
Loss of love & affection : Rs. 60,000/-
Funeral expenses : Rs. 5,000/-
Loss of estate : Rs. 5,000/-
___________
Total Rs.7,35,200/-)
Accordingly, the compensation amount is reduced by Rs. 1,00,800/-
(Rs.8,36,000-Rs.7,35,200).
5. Vide order dated 04.08.2010, appellant was directed to deposit the
entire award amount and further directed upon deposit, same shall be
disbursed to the claimants in terms of the award passed by the Ld. Tribunal.
6. Counsel for the respondents / claimants submitted that they have not
received any amount till date and the same is lying with the Ld. Tribunal.
7. He further submitted that Respondent no. 6 Roop Ram (father of the
deceased) expired on 04.11.2010, which has been recorded in the order
dated 25.01.2011 passed by this Court. Accordingly, amended memo of
parties was filed by impleading legal heirs of respondent no. 6.
8. I note, Ld. Tribunal has awarded Rs.10,000/- in favour of respondent
no. 6 as compensation. Counsel for the claimants submits that since it is a
meagre amount, it may be directed to be released in favour of Smt. Dani,
Respondent no. 7, widow of respondent no. 6 Roop Ram and mother of the
deceased.
9. Accordingly, I direct the Ld. Tribunal to disburse the share of
respondent no. 6 in favour of respondent no. 7, wife of respondent no.6.
10. As informed, the cheques qua the compensation amount deposited by
the appellant has become invalid. Therefore, the appellant is directed to
issue fresh cheques with interest @ 7.5% per annum from the date of filing
of the claim petition before the learned Tribunal till the date of realization of
the amount.
11. On receipt of the amount, Ld. Tribunal is directed to release the
amount in favour of the respondents / claimants in terms of the order dated
04.08.2010 passed by this Court and order dated 15.04.2010 passed by the
Ld. Tribunal.
12. Instant appeal stands disposed of on the above terms.
13. Statutory amount of Rs.25,000/- shall be released in favour of the
appellant / insurance company.
SURESH KAIT, J
MAY 23, 2013
jg
