Delhi High Court
Oriental Insurance Co Ltd. vs Mahak Singh & Ors. on 8 January, 2014
Author: Suresh Kait
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 8th January, 2014
+ MAC.APP.702/2011
ORIENTAL INSURANCE CO LTD. ..... Appellant
Represented by: Mr.Tarkeshwar Nath, Advocate.
Versus
MAHAK SINGH & ORS. ..... Respondents
Represented by: Mr.PremChandra, Advocate for
Respondent Nos. 1 to 3.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Instant appeal has been preferred against the impugned award
dated 23.04.2011 and order dated 19.05.2011, whereby the learned Tribunal
while awarding compensation towards 'loss of dependency', has applied the
multiplier of 13.
2. Learned counsel appearing on behalf of the appellant/Insurance
Company submits that keeping in view the dictum of Sarla Verma Vs. DTC
and Ors. 2009 (6) SCC 121 and the age of the deceased being more than 50
years, the learned Tribunal ought to have applied the multiplier of 11 instead
of 13.
3. After impugned award dated 23.04.2011 having been passed, the
appellant/Insurance Company moved an application before the learned
Tribunal, which was disposed of vide order dated 19.05.2011, wherein it is
recorded as under:-
" This contention of Ld. Counsel for the Insurance
Company has already been dealt with in the award dated
23.04.2011.
Perusal of award reveals that multiplier was adopted
while deciding „loss of dependency‟ on the basis of law laid
down by Hon‟ble Apex Court in case title "Smt. Sarla Verma
Vs DTC & Another "bearing civil appeal no.3183/2008,
decided on 15th April 2009".
Hon‟ble Apex Court in said judgment had directed that
multiplier of "11" is to be adopted, only when the deceased is
between 51 years to 55 years of age.
Admittedly, deceased in the present case was less than
"51 years" of age, accordingly multiplier of "13" as
prescribed by Hon‟ble Apex Court in Smt. Sarla Verma‟s Case
(Supra) was adopted.
In view thereof, I do not find any merits in the present
application filed on behalf of the Insurance Company. The
same stands dismissed."
4. Learned counsel for the appellant/Insurance Company has admitted
that in the case of Sarla Verma (supra), the multiplier determined for the
age group of 46 to 50 years is 13 and for the age group of 51 to 55 years is
11.
5. In the present case, the date of birth of the deceased is 15.08.1959 and
the date of the accident is 10.09.2009. Thus, on the date of the accident, his
age was 50 years 25 days only.
6. Similar issue has been dealt with by this Court in the case bearing
MAC.APP. No. 531/2012, titled as 'ICICI Lombard General Insurance Co.
Ltd. Vs. Archana & Ors., decided on 12.09.2013.
7. Therefore, keeping in mind the dictum of Sarla Verma (supra), the
view taken by this Court in aforenoted case and the age of the deceased, in
my considered opinion, while granting compensation, the learned Tribunal
has rightly applied the multiplicand as 13.
8. In view of the above, I do not find any merit in the instant appeal.
Therefore, the same is dismissed.
9. Consequently, statutory amount be released in favour of the
appellant/Insurance Company.
10. Remaining compensation amount shall be released in favour of the
respondents/claimants on taking necessary steps by them.
SURESH KAIT, J.
JANUARY 08, 2014
sb
