Delhi High Court
New India Assurance Co Ltd. vs Sunita & Ors on 16 April, 2014
Author: Suresh Kait
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 16th April, 2014
+ MAC.APP. 1101/2011
NEW INDIA ASSURANCE CO LTD. ..... Appellant
Represented by: Mr. Sameer Nandwani, Adv.
Versus
SUNITA & ORS ..... Respondents
Represented by: Mr. S.N. Parashar, Adv.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Vide the present appeal, appellant / Insurance Company has assailed
the award dated 16.08.2011, whereby Ld. Tribunal has awarded
compensation for an amount of Rs.11,59,000/- with interest @ 7.5% per
annum from the date of filing of the Claim Petition till realization of the
amount.
2. Mr. Sameer Nandwani, Ld. Counsel appearing on behalf of the
appellant submits that the deceased Ved Prakash died at the age of 41 years.
He was working as a labourer and the Ld. Tribunal has assessed his monthly
income as Rs.6,000/- as per the Minimum Wages Act, 1948. He further
submits that keeping the age of the deceased into view, Ld. Tribunal ought
to have added 30% in this actual income towards future prospects, however
added 50%.
3. On the other hand, Mr. S.N. Parashar, Ld. Counsel appearing on
behalf of the respondents / claimants, on this issue, does not dispute the
arguments advanced by the counsel for the appellant.
4. Mr. Parashar further submits that the appellate court has to see
whether the just and fair compensation has been granted. He submits that in
the present case, deceased died at the age of 41 years and was working as a
labourer. He left behind young widow wife and five dependents children.
The wife lost the association of her husband and pleasure of life. The
children lost the love and affection, care and guidance of their father.
Despite, the Ld. Tribunal has awarded Rs.10,000/- each towards loss of
consortium and loss of estate and Rs.5,000/- towards funeral expenses,
which are on the lower side. However, no amount has been granted towards
loss of love and affection.
5. Keeping in view the facts noted above, I am of the considered opinion
that Ld. Tribunal has awarded compensation towards non-pecuniary
damages on the lower side. Thus, I award Rs.1,00,000/- each towards loss
of love and affection and towards loss of consortium and Rs.25,000/-
towards funeral expenses.
6. Consequently, the compensation comes as under:
Sl. Heads of Compensation Compensation
No. Compensation granted by ld. granted by this
Tribunal Court
1. Loss of Rs.11,34,000/- Rs.9,82,800/-
dependency
2. Loss of love and Nil Rs.1,00,000/-
affection
3. Loss of Rs.10,000/- Rs.1,00,000/-
Consortium
Loss
4 of Estate Rs.10,000/- Rs.10,000/-
4.
5. For funeral Rs.5,000/- Rs.25,000/-
charges
TOTAL Rs.11,59,000/- Rs.12,17,800/-
Resultantly, the total compensation is assessed as Rs.12,17,800/-.
7. Accordingly, compensation amount is enhanced to Rs.58,800/-
(Rs.12,17,800 - Rs.11,59,000).
8. The enhanced compensation shall carry interest at the rate of 7.5% per
annum from the date of filing of the claim petition till its realization.
9. The Appellant / Insurance Company is directed to deposit the
enhanced compensation amount with the Registrar General of this Court
within a period of six weeks from today, failing which, respondents /
claimants shall be entitled for penal interest @ 12% per annum on account
of delayed payment.
10. On deposit, the Registrar General is directed to release the amount in
favour of the respondents / claimants in terms of the impugned award dated
16.08.2011 passed by the learned Tribunal on taking necessary steps by
them.
11. The statutory amount be released in favour of the appellant.
12. In view of the above, the appeal is partially allowed.
SURESH KAIT, J
APRIL 16, 2014
jg
