Oriental Insurance Co Ltd. vs Satto Devi & Ors
2014 Latest Caselaw 1096 Del

$~6
*   IN THE HIGH COURT OF DELHI AT NEW DELHI

%              Judgment delivered on: 28th February, 2014


+      MAC.APP. 87/2011

ORIENTAL INSURANCE CO LTD.              ..... Appellant
                 Represented by: Ms. Savita Singh, Adv.

                         versus
SATTO DEVI & ORS                                        ..... Respondents
                                  Represented by: Mr. Anshuman Bal, Adv. for R1
                                  to R7.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. Present appeal has been preferred against the impugned award dated 20.11.2010, whereby Ld. Tribunal has awarded compensation as under:

       "1.     Loss of income                     :     Rs.7,20,000/-
        2.     Loss of love and affection         :     Rs.40,000/-
       3.      Loss of Estate                     :     Rs.5,000/-
       4.      Loss of consortium                 :     Rs.5,000/-
       5.      Last rite expenses                 :     Rs.20,000/-
                            TOTAL                 :     Rs.7,90,000/-"

2. Ld. Counsel appearing on behalf of the appellant submits that the Claim Petition was filed under Section 163A of the Motor Vehicles Act, 1988, however, Ld. Tribunal has erred in granting compensation under Section 166 of Motor Vehicles Act.

3. Ld. Counsel appearing on behalf of the respondents / claimants do not dispute the arguments advanced by the Counsel for the appellant.

4. Keeping in view the statement of the ld. Counsel for the respondents / claimants, the compensation comes as under:

       "1.     Loss of income                 :     Rs.4,26,666/-
       2.      Loss of Estate                 :     Rs. 2,500/-
       3.      Loss of consortium             :     Rs. 5,000/-
       4.      Last rite expenses             :     Rs. 2,000/-
                            TOTAL             :     Rs.4,36,166/-"

5. Accordingly, the compensation is assessed at Rs.4,36,166/-.

6. Thus, an amount of Rs.3,53,834/- is reduced (Rs.7,90,000-4,36,166).

7. The statutory amount along with excess amount with proportionate interest be released in favour of the appellant and balance compensation amount be released in favour of the respondents / claimants on taking steps by them.

8. In view of above, appeal is allowed.

CM. NO. 1978/2011 With the disposal of the instant appeal itself, instant application has become infructuous and disposed of as such.

SURESH KAIT, J

FEBRUARY 28, 2014 Jg/RS