New India Assurance Co Ltd. vs Neeraj & Ors
2013 Latest Caselaw 5027 Del

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*   IN THE HIGH COURT OF DELHI AT NEW DELHI

%             Judgment delivered on: 31st October, 2013


+      MAC.APP. 778/2010

NEW INDIA ASSURANCE CO LTD.             ..... Appellant
                 Represented by: Mr. Kunal Rawat, Adv.

                          versus


NEERAJ & ORS                                    ..... Respondents
                          Represented by: Mr. Neeraj Kumar, Adv. for R1
                          and R2.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. Instant appeal has been preferred against the impugned award dated 30.07.2010, whereby ld. Tribunal, while granting compensation in favour of the respondents / claimants, has deducted 1/4th towards the personal expenses.

2. Ld. Counsel appearing on behalf of the appellant argued that Veer Chand, father of the deceased, who appeared as PW4 was working in Railway and earning Rs.11,000/- per month. This fact has been admitted by the father of the deceased in his cross-examination. Thus, he was not dependent upon the deceased.

3. I note, ld. Tribunal has considered 4 dependents, i.e., wife, daughter and parents. Accordingly, deducted 1/4th towards personal expenses.

4. Ld. Counsel appearing on behalf of the respondents / claimants does not dispute the fact submitted by the counsel for the appellant. Therefore, I deduct 1/3rd instead of 1/4th towards personal expenses and accordingly, the compensation comes as under:

1. Loss of dependency Rs.3237.90x12x17 : Rs.6,60,531.60/-

2. Loss of Love and Affection : Rs. 40,000/-

       3.     Loss of consortium              :     Rs. 10,000/-
       4.     Loss of Estate                  :     Rs. 10,000/-
       5.     Funeral expenses                :     Rs. 25,000/-
              Total                           :     Rs.7,45,531.60/-

5      Hence, the     compensation     amount     comes   to   Rs.7,78,100   -
Rs.7,45,531.60 = Rs.22,568.40/-

6. Accordingly, Instant appeal stands allowed on the above terms.

7. Consequently, the Registrar General of this court is directed to release the balance compensation amount in favour of the respondents / claimants on taking steps.

8. Statutory amount and excess amount, if any, be released in favour of the appellant.

SURESH KAIT, J OCTOBER 31, 2013 jg