Icici Lombard General Insurance ... vs Rani Mishra & Ors.
2013 Latest Caselaw 4441 Del

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*   IN THE HIGH COURT OF DELHI AT NEW DELHI

%             Judgment delivered on: 26th September, 2013


+      MAC.APP. 17/2012

ICICI LOMBARD GENERAL INSURANCE CO
LTD                                    ..... Appellant
                  Through: Ms. Suman Bagga, Adv.

                    versus
RANI MISHRA & ORS.                                  ..... Respondents
                             Through: NEMO.


CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. Instant appeal has been preferred against the impugned award dated 19.10.2011, whereby ld. Tribunal has granted compensation for a sum of Rs.13,12,900/- with interest @ 7.5% from the date of filing of the petition till realization.

2. Ld. Counsel has argued on two grounds, firstly; ld. Tribunal has added 50% future prospects. However, keeping in view the dictum of Apex court in Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563, present ground is not available to the appellant.

3. The second ground raised by the counsel for the appellant is that ld. Tribunal has wrongly assessed the age of the deceased as 25 years without

any documentary proof. However as per the Claim Petition, at the time of accident he was 26 years of age and as per the post-mortem report, he was 28 years at the time of accident.

4. On perusal of the record, it is found that claimant / respondent no. 1 (wife of the deceased), who appeared before the ld. Tribunal as PW1 deposed that deceased was 26 years of age and was working as an Office Assistant with Shiv Om Property Dealer at Shop No. 303, Main Durga Gali No. 2, Near Subzi Mandi Mauzpur, Delhi.

5. As per the post-mortem report, the age of the deceased is indicated as 28 years.

6. In view of above, I am of the considered opinion that ld. Tribunal has wrongly considered the age of the deceased as 25 years without any documentary proof or evidence. Accordingly, multiplier of 18 is reduced to 17. Therefore the reduced compensation comes as under:

1. Loss of Dependency (Rs.71,550 x 17) - Rs.12,16,350/-

       2. Loss of Estate                      -     Rs.10,000/-
       3. Loss of Consortium                  -     Rs.10,000/-
       4. Funeral Expenses                    -     Rs. 5,000/-
                   Total Compensation         -     Rs.12,41,350/-

7. Accordingly, instant appeal stands disposed of.

8. Vide order dated 26.04.2013, 60% of the award amount was directed to be released in favour of the respondents / claimants.

9. In view of above, balance compensation amount be released in favour of respondents / claimants in terms of order dated 19.10.2011 passed by ld. Tribunal.

10. The excess amount with proportionate interest along with statutory amount of Rs.25,000/- be released in favour of the appellant.

CM. NO. 193/2012 (Stay) With the disposal of the instant appeal itself, instant application has become infructuous and disposed of as such.

SURESH KAIT, J SEPTEMBER 26, 2013 Jg