United India Insurance Co. Ltd. vs Phool Chand & Ors.
2014 Latest Caselaw 1124 Del

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

%                                          Judgment delivered on:3rd March, 2014


+                             MAC.APP. No.211/2010


UNITED INDIA INSURANCE CO. LTD.                     ..... Appellant
               Represented by: Mr.Sameer Nandwani, Advocate.

                         Versus

PHOOL CHAND & ORS.                                              .......Respondents

                         Represented by:    Mr. Suresh Sharma and Mr.Sunil
                                            Gupta, Advocates for Respondent
                                            Nos.1 to 3.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. The present appeal is directed against the impugned award dated

15.01.2010, whereby the learned Tribunal has awarded compensation as

under:

         "1.   Loss of dependency                 :     Rs.5,78,880/-
          2.   Loss of love and affection         :     Rs. 50,000/-
          3.   For Funeral charges                :     Rs. 25,000/-
                            TOTAL                 :     Rs.6,53,880/-

The same was rounded off to Rs.6,53,900/- and the interest at the rate

of 7.5% per annum was also awarded on the compensation amount.

2. Learned counsel appearing on behalf of the appellant/Insurance

Company submits that the claim petition was filed under Section 166 of the

Motor Vehicles Act, 1988 (for short 'MV Act'), however, the same was

converted under Section 163-A MV Act and adjudicated accordingly by the

learned Tribunal. Consequently, the learned Tribunal ought to have granted

the compensation as per the Second Schedule of the Act, but failed to do so.

3. Learned counsel appearing on behalf of the respondents/claimants

does not dispute the arguments advanced by the counsel for the appellant.

4. Accordingly, as per the IInd Schedule of MV Act, the compensation

comes as under:

       "1.     Loss of income                :     Rs.4,53,334/-
       2.      Loss of Estate                :     Rs. 2,500/-
       3.      Loss of consortium            :     Rs. 5,000/-
       4.      For Funeral charges           :     Rs. 2,000/-
                            TOTAL            :    Rs.4,62,834/-"

5. Thus, an amount of Rs.1,91,066/- (Rs.6,53,900/- - Rs.4,62,834/-) is

reduced from the compensation amount.

6. The Registry of this Court is directed to release the statutory amount

and excess amount alongwith proportionate interest in favour of the

appellant and balance compensation amount be released in favour of the

respondents/claimants in terms of the award dated 15.01.2010 passed by the

learned Tribunal on taking necessary steps by them.

7. In view of above, the appeal is allowed.

SURESH KAIT, J.

MARCH 03, 2014 sb