New India Assurance Co Ltd. vs Basanti Devi & Ors.
2013 Latest Caselaw 4282 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI


%                    Judgment delivered on:19th September, 2013

+                                 MAC.APP. 1150/2011
       NEW INDIA ASSURANCE CO LTD.                                ..... Appellants
                           Through:      Mr. Kanwal Chaudhary, Advocate.


                           Versus
       BASANTI DEVI & ORS.                                      ..... Respondents
                           Through:      Mr.Ajay Kumar, Advocate for
                                         Respondent Nos. 1 to 5.
                                         Mr.Manish Shrivastava, Advocate for
                                         Respondent No.7.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. The present appeal is directed against the impugned award dated 21.09.2011, whereby the learned Tribunal has granted a total compensation of Rs.12,61,108/- with interest at the rate of 7.5% per annum from the date of filing of the petition till realization of the amount.

2. Learned counsel appearing on behalf of the appellant/Insurance Company has argued that at the time of the accident, the deceased was 26 years of age, however, the learned Tribunal has wrongly applied the

multiplier of 18 contrary to the dictum of Sarla Verma Vs. DTC and Ors. 2009 (6) SCC 121.

3. Learned counsel appearing on behalf of the respondents/claimants has not disputed the same and rather submitted that the learned Tribunal should have applied the multiplier of 18 instead of 17.

4. Therefore, keeping in view the afore noted dictum of Sarla Verma (supra) and the age of the deceased, i.e., 26 years at the time of the accident, the appropriate multiplier is 17.

5. I order accordingly.

6. Learned counsel for the appellant/Insurance Company has further argued that the learned Tribunal has granted Rs.1,50,000/- towards loss of consortium which is on a very higher side and submitted that on this count maximum Rs.25,000/- could be granted.

7. I note, the learned Tribunal in para 19 of the impugned order under the heading of "LOSS OF CONSORTIUM/LOVE AND AFFECTION" has recorded that as the petitioner No.1 (respondent No.1 herein) has been deprived of her husband, petitioners no. 2 and 3 (respondent Nos.2 and 3 herein) have been deprived of their father and petitioner no. 5 (respondent No.5 herein) has been deprived of her son. Accordingly, an amount of Rs.1,50,000/- was granted by the learned Tribunal in favour of the respondents / claimants under this head.

8. The issues of loss of consortium and love and affection have been recently decided by the Full Bench of the Supreme Court in Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563, wherein a sum of Rs.1,00,000/- each for loss of consortium and loss of love and affection for minor children was granted by the Supreme Court in favour of the claimants.

9. In view of the above discussion, if this Court takes into consideration the aforenoted dictum of Rajesh & Ors. (supra), then the amount of Rs.1,50,000/- granted by the learned Tribunal towards loss of consortium and love and affection is not on the higher side. I further note, while granting said sum of Rs.1,50,000/- , the learned Tribunal has taken into consideration the two counts, i.e., loss of consortium and love and affection, however, inadvertently, in Para 20 recorded only for „loss of consortium‟. Though the intention of the learned Tribunal was to give this amount of Rs.1,50,000/- on two counts, i.e., towards loss of love and affection and loss of consortium.

10. Consequently, after adopting the multiplier of 17, the compensation towards loss of income would come to Rs.10,32,852/- (Rs.5063 X 12 X 17) instead of Rs.10,93,608/-.

11. Accordingly, the total compensation is reduced to Rs.60,756/- (Rs.10,93,608 - Rs.10,32,852).

12. Resultantly, the Registrar General of this Court is directed to release the excess amount of Rs.60,756/- with interest accrued thereon alongwith

statutory deposit of Rs.25,000/- in favour of the appellant/Insurance Company on taking necessary steps.

13. The Registrar General is further directed to release the balance compensation amount in favour of the respondents/claimants as per the terms and conditions fixed by the learned Tribunal vide impugned order dated 21.09.2011.

14. In view of the above terms, the present appeal is partly allowed with no order as to costs.

SURESH KAIT, J.

SEPTEMBER 19, 2013 Sb/jg