New India Assurance Company Ltd. vs Kusum Lata & Ors.
2014 Latest Caselaw 298 Del

$~10
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                 Judgment delivered on: 16th January, 2014

+         MAC. APP. No.1243/2012 & CM No.20446/2012


NEW INDIA ASSURANCE COMPANY LTD.             ..... Appellant
             Represented by: Mr.Abhishek Kumar and
                             Mr.Vijay Singh, Advocates.

                        Versus

KUSUM LATA & ORS.                                         ..... Respondents
             Represented by: None.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

MAC. APP. No.1243/2012

1. Despite service, none appeared on behalf of the respondents, therefore, this Court has no option but to proceed with the matter.

2. Vide the present appeal, the appellant/Insurance Company has assailed the impugned award dated 19.10.2012, whereby the learned Tribunal has granted compensation for a sum of Rs.6,34,584/- with interest at the rate of 7.5% per annum in favour of the respondents/claimants from the date of filing of the claim petition till its realization.

3. The present appeal has been filed solely on the ground that while granting compensation noted above, the learned Tribunal has granted a sum of Rs.1,00,000/- towards loss of love and affection, which is on higher side.

4. In support of his contention, the learned counsel appearing on behalf of the appellant/Insurance Company has relied upon the case of Baby Radhika Gupta Vs. OIC, 2010 ACJ 578, wherein the Apex Court has granted only Rs.25,000/- towards loss of love and affection.

5. In the present case, at the time of the accident, the deceased was 23 years of age. He was a bachelor and his aged parents were dependent upon him at that time. At the very young age, he lost his life and left his parents in lurch. Therefore, keeping into mind all the facts and circumstances of the case, the learned Tribunal has granted Rs.1,00,000/- towards loss of love and affection, which, in my considered opinion, is not on higher side.

6. Moreover, in catena of judgments, considering the facts and circumstances of the case, the Apex Court has granted even higher amount on account of loss of love and affection.

7. Recently, in the case of Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563, the Full Bench of the Supreme Court has granted a sum of Rs.1,00,000/- for loss of love and affection.

8. Therefore, in view of the aforesaid discussion, I do not find any merit in the instant appeal. The same is dismissed accordingly.

9. The Registry of this Court is directed to release the statutory amount of Rs.25,000/- in favour of the appellant/Insurance Company.

10. The learned Tribunal is directed to release the compensation amount with upto date interest accrued thereon in favour of the respondents/claimants in terms of the award dated 19.10.2012.

CM No.20446/2012 (for stay)

With the dismissal of the appeal itself, this application has become infructuous. The same is accordingly dismissed.

SURESH KAIT, J.

JANUARY 16, 2014 sb