Delhi High Court
Icici Lombard General Insurance ... vs Sobran Lal & Ors. on 7 October, 2013
Author: Suresh Kait
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 7th October, 2013
+ MAC.APP. No.1065/2012
ICICI LOMBARD GENERAL INSURANCE CO.LTD...... Appellant
Represented by: Ms.Suman Bagga, Advocate.
Versus
SOBRAN LAL & ORS. ..... Respondents
Represented by: Mr.Ajay Pal Singh, Advocate
for Respondent Nos. 1 to 8.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
CM No. 16986/2012 (for delay)
1. Vide the instant application, the applicant/appellant company is
seeking condonation of delay of 118 days in filing the instant appeal.
2. Learned counsel appearing on behalf of the respondent Nos.1 to
8/claimant has no objection if this application is allowed.
3. Therefore, keeping in view the averments made in the application and
the statement made by the learned counsel for the respondents/claimants,
delay in filing the instant appeal is condoned.
4. The application stands disposed of.
MAC.APP. No.1065/2012
1. The present appeal has been preferred by the appellant/Insurance
Company assailing the impugned award dated 15.02.2012, whereby the
learned Tribunal has granted compensation for a sum of Rs.6,16,000/- with
interest at the rate of 9% per annum from the date of filing of the petition till
realization.
2. Learned counsel appearing on behalf of the appellant/Insurance
Company has argued that the claim petition was filed under Section 163-A
of the Motor Vehicles Act, 1988 (hereinafter referred to as 'MV Act'),
however, the learned Tribunal has not strictly granted the compensation as
prescribed in the Second Schedule appended to the MV Act.
3. Learned counsel appearing on behalf of the respondent Nos. 1 to
8/claimants has no objection if the compensation amount is granted strictly
in accordance with the structured formula provided in the Second Schedule
of the MV Act.
4. Keeping in view the facts of the case and the statement made by the
learned counsel for the respondent Nos. 1 to 8/claimants, the compensation
amount would be as under:-
Sr. No. On account of Granted by the Granted by this
ld. Tribunal Court.
1. Loss of dependency Rs.5,76,000/- Rs.4,80,00/-
(3200x18) (26,666x18)
=48,000/-
2. Loss of love and Rs. 10,000/- NIL
affection
3. Funeral expenses Rs. 10,000/- Rs. 2,000/-
4. Loss of estate Rs. 10,000/- Rs. 2,500/-
5. Loss of consortium Rs. 10,000/- Rs. 5,000/-
Total Rs.6,16,000/- Rs.4,91,500/-
5. Resultantly, the compensation amount is reduced to Rs.1,24,494/-
(Rs.6,16,000 - Rs.4,91,500/-)
6. Vide order dated 27.09.2012, this Court stayed the execution of the
impugned award subject to appellant's/Insurance Company's depositing a
sum of Rs.4,84,500/-. On deposit, the amount was released in favour of the
respondents/claimants.
7. Appellant/Insurance Company is directed to deposit the balance
amount and interest thereon @ 9% per annum with the Registrar General of
this Court on the modified compensation, i.e, Rs.4,91,500/- from the date of
filing the claim petition till the deposit of Rs.4,84,500/-.
8. On deposit, the Registrar is further directed to release the amount of
compensation along with interest accrued thereon in favour of the
respondents/claimants on taking necessary steps by them.
9. Statutory deposit of Rs.25,000/- shall be released in favour of the
appellant/Insurance Company.
10. In view of the above, this appeal is partly allowed and stands disposed
of.
CM No. 16894/2012 (for stay)
With the disposal of the appeal itself, this application has become
infructuous. The same is disposed of accordingly.
SURESH KAIT, J.
OCTOBER 07, 2013
Sb/RS
