Delhi High Court
Oriental Insurance Co Ltd. vs Smt Phooli Devi & Ors. on 12 February, 2014
Author: Suresh Kait
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 12th February, 2014
+ MAC.APP. 886/2012
ORIENTAL INSURANCE CO LTD. ..... Appellant
Represented by: Mr.Amit Gaur, Advocate.
Versus
SMT PHOOLI DEVI & ORS. ..... Respondents
Represented by: Mr. N.K.Singh, Advocate for
Respondent Nos. 1 to 7.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
CM No.14044/2012 (for delay)
In view of the averments made in the application, the delay of 32 days
in filing the instant appeal is condoned.
The application stands disposed of.
+ MAC.APP. 886/2012
1. The instant appeal has been preferred against the impugned award
dated 09.04.2012, whereby the learned Tribunal has granted compensation
for a sum of Rs.5,05,704/- with interest at the rate of 7.5% per annum from
the date of filing the petition till realization of the amount.
2. Learned counsel appearing on behalf of the appellant/Insurance
Company has argued that the only dependant is wife of the deceased,
however, while calculating the compensation, the learned Tribunal has
deducted one-third of the income of the deceased towards personal expenses
instead of one-half.
3. Learned counsel further argued that the learned Tribunal has granted a
sum of Rs.50,000/- towards funeral charges, whereas, the Full Bench of the
Apex Court in the case of Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013
(6) SCALE 563, has granted only Rs.25,000/- towards the same and this
Court has been consistently following the aforesaid dictum while deciding
the appeals on this issue.
4. On the other hand, learned counsel appearing on behalf of the
respondents/claimants does not dispute the proposition of law advanced by
the learned counsel for the appellant/Insurance Company. However,
submitted that the compensation on account of loss of consortium and loss
of estate may be increased for just compensation in view of the dictum of
Rajesh (Supra).
5. Keeping in mind the facts and circumstances of the case, settled
position of law and the consent of the learned counsel for the
respondents/claimants, I deduct one-half of the amount from income of the
deceased towards personal expenses and funeral charges are reduced from
Rs.50,000/- to Rs.25,000/-. However, I enhance Rs.1,00,000/- towards loss
of consortium and Rs.10,000/- towards loss of estate.
6. Consequently, the compensation amount comes as under:-
Sr. Heads Calculation as Calculation as
No. per MACT per this Court
i. Loss of dependency Rs.3,40,704/- Rs.2,55,528/-
ii. Funeral charges Rs. 50,000/- Rs. 25,000/-
iii. Love and affection Rs.1,00,000/- Rs.1,00,000/-
iv. Loss of consortium Rs. 10,000/- Rs.1,00,000/-
v. Loss of estate Rs. 5,000/- Rs. 10,000/-
Total Rs.5,05,704/- Rs.4,90,528/-
Resultantly, an amount of Rs. Rs.15,176/- is reduced from the
compensation. Thus, the award amount is assessed for Rs.4,90,528/-.
7. Accordingly, the instant appeal is partially allowed.
8. Consequently, the Registry of this Court is directed to release the
statutory amount and the excess amount with proportionate interest in favour
of the appellant/Insurance Company. Further directed to release the
remaining compensation amount with up-to-date interest accrued thereon in
favour of the respondents/claimants in terms of the award dated 09.04.2012.
CM No.14042/2012 (for stay)
With the disposal of the appeal itself, this application has become
infructious. The same is accordingly dismissed.
SURESH KAIT, J.
FEBRUARY 12, 2014/sb
