National Insurance Co. Ltd. vs Phoolo & Ors.
2013 Latest Caselaw 3911 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

%             Judgment delivered on: 03rd September, 2013


+      MAC.APP. 15/2005 & CM Nos. 7167/2006 and 15880/2008

       NATIONAL INSURANCE CO. LTD.               ..... Appellant
                    Through: Mr.L.K. Tyagi, Adv.

                    versus

       PHOOLO & ORS.                              ..... Respondents
                             Through: None
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. None has been appearing on behalf of the respondents from the last six consecutive dates. So is the position today. The present appeal pertains to the year 2005.

2. Having no option, the instant appeal is being taken up for final disposal.

3. Instant appeal has been preferred against the impugned judgment dated 25.10.2004, whereby the ld. Tribunal, while adjudicating the petition under section 163-A of the M.V. Act, has considered the salary of the deceased as Rs.6,830/- per month.

4. Counsel appearing on behalf of the appellant has argued that if the petition is under section 163-A, the compensation should be as per Second

Schedule of the M.V. Act. Accordingly, the annual income of the deceased cannot be considered to be more than 40,000/- per annum. Whereas in the present case, the ld. Tribunal has considered the salary of the deceased as Rs.6,830/- per month, that comes to Rs.81,960/- per annum.

5. I find force in the submission of the ld. counsel for the appellant. This is the only issue argued by the counsel for the appellant. Therefore, I am of the considered opinion that the ld. Tribunal has erred in considering the salary of the deceased as Rs.6,830/- per month. This should not have been more than 40,000/- per annum. Accordingly, the compensation amount is modified/reduced as under:-

Annual loss of income :Rs. 40,000/- per annum Personal Expenses (1/3) :Rs.13,333.3 Multiplier :5 Loss of Dependency :Rs.26,666.7 X 5= Rs.1,33,333.5 Funeral Expenses :Rs.2000 Loss of Consortium :Rs.5,000 Loss of Estate :Rs.2,500 .....................................................................................................

Total compensation :Rs.1,42,833.5

6. Vide order dated 20.01.2005, the appellant was directed to deposit the entire award amount with the Tribunal. Thereafter, vide order dated 22.05.2006, 75% of the amount was directed to be released to the claimants,

without any security, and 25% of the amount was directed to be released on furnishing security to the satisfaction of the concerned Tribunal.

7. In view of the above, the appellant is entitled to recover the excess amount paid to the claimants, if any.

8. I here make it clear that on the difference amount the appellant is entitled for interest @ 7% per annum from the date of filing the present appeal till realization of the awarded amount pursuant to order dated 22.05.2006.

9. Consequently, the statutory amount shall be released in favour of the appellant/Insurance Company.

10. Accordingly, instant appeal is allowed.

SURESH KAIT, J SEPTEMBER 03, 2013 RS