Reliance General Insurance Co. ... vs Asha & Ors.
2013 Latest Caselaw 4218 Del

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*   IN THE HIGH COURT OF DELHI AT NEW DELHI

%             Judgment delivered on: 17th September, 2013


+      MAC.APP. 352/2011

RELIANCE GENERAL INSURANCE CO.
LTD.                                         ..... Appellant
                  Through: Mr. Soumik Mazumdar, Adv.

                    versus
ASHA & ORS.                                               ..... Respondents
                             Through: Mr. O.P. Mainnie, Adv. for R1 to R5.
                             Mr. Naresh C. Sharma and Mr. Chetan Swarup,
                             Advs. for R6
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. Instant appeal has been preferred against the impugned award dated 31.01.2011, whereby ld. Tribunal has granted compensation as under:

"1. Loss of Dependency (Rs.4,600x12x18) = Rs. 9,93,600/-

       2. Loss of Consortium                       = Rs.10,000/-
       3. Loss of Love and Affection               = Rs.1,25,000/-
       4. For funeral expenses                     = Rs.10,000/-
       5. Loss of Estate                           = Rs.10,000/-
       6. For Medical expenses                     = Rs.25,000/-

_________________________________________________ Total = Rs.11,73,600/-

(Rupees Eleven Lacs Seventy Three Thousand and six hundred only)"

_________________________________________________

2. Present appeal has been filed on the grounds that the driver of the offending vehicle was not holding valid driving licence as same was not effective on the date of accident. Thus, there was a breach of terms and conditions of the insurance policy. In that eventuality appellant is not liable to pay any compensation amount and therefore seeking complete exoneration from any liability.

3. I note, recovery rights have already been given in favour of the appellant. Moreover, vide order dated 24.04.2011 passed by this Court 50% of the award amount has already been released in favour of the respondents / claimants.

4. On the issue of seeking complete exoneration, since the 50% of the award amount has already been released in favour of the respondents / claimants, the instant appeal has become infructuous.

5. Another ground taken by the appellant is that ld. Tribunal has wrongly added 50% towards future prospects, whereas the ld. Tribunal has assessed the monthly income of the deceased as Rs.4,081/- as per the minimum wages applicable to a matriculate.

6. The issue of future prospects is no more res integra as has been decided in the case of Rajesh and Ors.Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563, wherein the Full Bench of the Supreme Court has held as under:-

"11. Since, the Court in Santosh Devi's case (supra) actually intended to follow the principle in the case of salaried persons

as laid in Sarla Verma's case (supra) and to make it applicable also to the self-employed and persons on fixed wages, it is clarified that the increase in the case of those groups is not 30% always; it will also have a reference to the age. In other words, in the case of self-employed or persons with fixed wages, in case, the deceased victim was below 40 years, there must be an addition of 50% to the actual income of the deceased while computing future prospects. Needless to say that the actual income should be income after paying the tax, if any. Addition should be 30% in case the deceased was in the age group of 40 to 50 years."

7. Therefore, keeping in view the dictum of the Supreme Court in Rajesh & Ors. (supra) and the age of the deceased, i.e., 22 years at the time of accident, I am of the considered view that 50% future prospects has rightly been awarded by the ld. Tribunal.

8. Ld. Counsel for the appellant further argued that towards love and affection, the learned Tribunal has granted compensation on higher side, i.e., Rs.1,25,000/-. There are five dependants upon the deceased. Learned Tribunal has fell in error to grant compensation of Rs.25,000/- each towards love and affection in favour of the dependants.

9. Assessment of 'just' compensation is based on the facts and circumstances of the case. In the present case, there are five dependants upon the deceased, i.e., wife, one son, a daughter and parents. Considering the number and age of the children of the deceased, the ld. Tribunal has rightly granted compensation of Rs.1,25,000/- for loss of love and affection.

10. In view of the above discussion, I do not find any discrepancy in the award granted by the ld. Tribunal.

11. Accordingly, instant appeal is dismissed with no order as to costs.

12. Consequently, balance compensation amount be released in favour of the respondents / claimants as per the terms of the award passed by the ld. Tribunal.

13. Statutory amount be released in favour of the appellant.

CM. NO. 7834/2011 With the disposal of the appeal itself, this application has become infructuous. The same is accordingly disposed of.

SURESH KAIT, J SEPTEMBER 17, 2013 jg