Delhi High Court
The New India Assurance Co Ltd vs Smt Annie & Ors on 13 March, 2014
Author: Suresh Kait
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 13th March, 2014
+ MAC.APP. 606/2013
THE NEW INDIA ASSURANCE CO LTD ..... Appellant
Represented by: Mr. J.P.N. Shahi, Adv.
versus
SMT ANNIE & ORS ..... Respondents
Represented by: Mr. Navneet Goyal and
Ms. Rupika Singh, Advs. for R1 to R5.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. The present appeal is preferred against the impugned award dated
24.05.2013, whereby learned Tribunal has granted compensation for a sum
of Rs.19,88,000/- with interest at the rate of 9% per annum from the date of
filing of the petition till realization of the amount.
2. Ld. Counsel appearing on behalf of the appellant submits that
deceased was 35 years of age at the time of accident. He was working as a
Supervisor and was earning Rs.8,000/- per month. He left behind, wife, two
sons and parents. However, Ld. Tribunal has awarded Rs.1,00,000/- each
towards loss of love and affection and loss of consortium and Rs.25,000/-
towards funeral expenses which are on the higher side.
3. Ld. Counsel further submits that deceased was working as a
Supervisor in the Private Firm. However, the claimants failed to prove that
he was in the permanent job. Therefore, Ld. Tribunal has erred in adding
50% in the actual income of the deceased towards future prospects.
4. Lastly, Ld. Counsel argued that Ld. Tribunal has erred in granting
compensation of Rs.25,000/- towards notional loss of care, attention and
expenses while relying upon the view taken by this court. Ld. Counsel
submits that the view taken by this court is applicable only in the case of
wife. However, in the present case, the deceased was the husband.
Therefore, the compensation towards this head cannot be granted.
5. As far as the non-pecuniary damages are concerned, it cannot be
denied that due to inflation, the value of the rupee is getting down day-by-
day and this court consistently relying upon the dictum of Rajesh and Ors.
Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563 while granting
compensation on these heads. Therefore, I do not find any merit on this
issue. Same is accordingly fails.
6. As the issue of future prospects is concerned, this issue has been dealt
by this Court in the case bearing MAC. APP. No.846/2011 titled as 'ICICI
Lombard General Insurance Co. Ltd. Vs. Angrej Singh & Ors.', decided
on 30.09.2013, while relying upon the dictum of Rajesh & Ors. (supra).
Therefore, I do not find any merit on this issue also.
7. In the present era, the husband and wife are performing their duties
equally and equitably. Both are doing gratuitous services. There cannot be
a gender bias. The time has gone when some of the services were meant
only for wife, but in the present days, the husband is also maintaining the
home and doing all gratuitous services in the routine manner. Therefore, I
do not find any reason to interfere in the compensation granted on account of
notional loss of care, attention and expenses.
8. In view of above, the appeal is dismissed.
9. The statutory amount be released in favour of the appellant.
10. The balance compensation amount, if any, be released in favour of the
respondents / claimants on taking steps by them.
CM. No. 2363/2014
With the dismissal of the instant appeal itself, instant application has
become infructuous and dismissed as such.
SURESH KAIT, J
MARCH 13, 2014
jg/RS
