Delhi High Court
United India Insurance Co Ltd. vs Urmilla Devi & Ors on 24 February, 2014
Author: Suresh Kait
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 24th February, 2014
+ MAC.APP. 415/2012
UNITED INDIA INSURANCE CO LTD. ..... Appellant
Represented by: Mr. Abhishek Kumar,
Adv.
Versus
URMILLA DEVI & ORS ..... Respondents
Represented by: NEMO.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. The present appeal is directed against the impugned award dated
01.03.2012, whereby ld. Tribunal has awarded compensation for a sum of
Rs.15,89,278/- with interest @ 7.5% per annum from the date of filing of the
petition till notice under Order XXI Rule 1 CPC was given by the appellant /
Insurance Company.
2. Ld. Counsel appearing on behalf of the appellant argued that age of
the deceased on the date of accident was 27 years and the Ld. Tribunal has
added 50% in his actual income towards future prospects contrary to the
dictum of Sarla Verma Vs. DTC and Ors. 2009 (6) SCC 121, which has
been further confirmed by the Full Bench of the Supreme Court in the case
of Reshma Kumari and Ors. Vs. Madan Mohan & Anr. (2013) 9 SCC 65.
3. Ld. Counsel further argued that towards funeral expenses, Ld.
Tribunal has awarded Rs.50,000/-, which is on a very higher side.
4. Ld. Counsel submitted that even in the case of Rajesh and Ors. Vs.
Rajbir Singh and Ors. 2013 (6) SCALE 563, Full Bench of the Apex Court
has awarded Rs.25,000/- towards funeral expenses.
5. As far as the issue of future prospects is concerned, this Court while
relying upon the dictum of Rajesh & Ors. (Supra) has dealt with in the case
MAC.APP. No. 846/2011 titled as ICICI Lombard General Insurance Co.
Ltd. Vs. Angrej Singh & Ors., decided on 30.09.2013.
6. In the present case, deceased was 27 years of age at the time of
accident. Therefore, keeping in view the dictum of Rajesh & Ors. (Supra), I
am of the considered opinion that Ld. Tribunal has rightly added 50% in his
actual income towards future prospects. Hence, I do not find any substance
in the arguments of the Ld. Counsel for the appellant on this issue.
7. As the issue of compensation granted towards funeral expenses is
concerned, I find force in the submission of the Ld. Counsel for the
appellant. Therefore, keeping in view the dictum of the Apex Court in the
case of Rajesh & Ors. (Supra), I reduce the compensation towards funeral
expenses to Rs.25,000/-.
8. Accordingly, the compensation comes as under:
Sr. No. Heads Calculation as Calculation as
per MACT per this Court
1. Loss of dependency Rs.13,96,278/- Rs.13,96,278/-
2. Towards loss of Rs.5,000/- Rs.5,000/-
estate
3. Towards loss of Rs.1,00,000/- Rs.1,00,000/-
love and affection
4. Towards loss of Rs.10,000/- Rs.10,000/-
consortium
5. Funeral expenses Rs.50,000/- Rs.25,000/-
6. Towards medical Rs.18,000/- Rs.18,000/-
bills
7. Towards special Rs.10,000/- Rs.10,000/-
diet and conveyance
Total Rs.15,89,278/- Rs.15,64,278/-
Resultantly, the award is assessed at Rs. 15,64,278/-
9. Hence, an amount of Rs.25,000/- (Rs.15,89,278- Rs.15,64,278) is
reduced.
10. Statutory amount alongwith excess amount, if any, with proportionate
interest be released in favour of the appellant and balance compensation
amount, if any, be released in favour of the respondents / claimants on taking
steps by them.
11. In view of the above, the appeal is partially allowed.
CM.No.7003/2012
With the disposal of the instant appeal itself, instant application has
become infructuous and disposed of as such.
SURESH KAIT, J
FEBRUARY 24, 2014
Jg/sb
