National Insurance Co. Ltd. vs Sulo & Ors.
2014 Latest Caselaw 1423 Del

$~1
*   IN THE HIGH COURT OF DELHI AT NEW DELHI

%                             Judgment delivered on:18th March, 2014

+             MAC.APP. 265/2007 & CM No.17912/2013

       NATIONAL INSURANCE CO. LTD.                  ..... Appellant
                    Represented by: Mr.S.L.Gupta and Mr. Ram
                                    Ashray, Advocates.
                    Versus

       SULO & ORS.                                           ..... Respondents
                           Represented by:      Mr.N.K.Jha, Advocate for
                                                Respondent Nos. 1 to 7.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

MAC.APP. 265/2007

1. The present appeal is preferred against the impugned judgment dated

15.03.2007, whereby the learned Tribunal has awarded compensation for an

amount of Rs.6,28,000/- with interest at the rate of 8% per annum from the

date of filing of the claim petition till realization of the amount.

2. It is pertinent to mention here that earlier vide judgment dated

10.10.2007, this Court dismissed the present appeal. The same was

challenged before the Supreme Court. While setting aside the aforesaid

judgment dated 10.10.2007, the Apex Court directed this Court to decide the

present appeal on merits.

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

Company submits that age of the deceased was 48 years on the date of the

accident, i.e., 19.09.2004. Despite that, the learned Tribunal has added 50%

in his actual income towards future prospects contrary to the settled law.

4. Learned counsel further submits that keeping in view the age of the

deceased, the learned Tribunal ought to have applied the multiplier of '13'

instead of '15', as per the law settled in case of Sarla Verma Vs. DTC and

Ors. 2009 (6) SCC 121.

5. To strengthen his arguments, learned counsel has relied upon the case

of Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563 and

submits that as per the age of the deceased and the settled law, while

granting compensation under the head of 'loss of financial dependency', the

learned Tribunal should have added the future prospects to the tune of 30%.

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

does not dispute the arguments advanced by the learned counsel for the

appellant company, however, submits that the deceased died at the age of 48

years leaving behind widow wife and six dependent children. The

compensation granted towards non-pecuniary heads such as Rs. 15,000/-

each on account of loss of consortium and love and affection and

Rs.10,000/- for funeral rights is on a very lower side. He also submits that

no amount has been granted for loss of estate.

7. Learned counsel for the respondents/claimants submits that though no

cross-appeal has been filed by the respondents/claimants, however, this

Court has to see whether the learned Tribunal has granted 'just

compensation'. In the present case, he submits that the compensation

granted under non-pecuniary heads is on a lower side and prays for

enhancement of the same.

8. In view of settled position of law, the multiplier is selected as '13'

instead of '15'; and the future prospects is reduced from 50% to 30%.

9. Keeping in view the age of the deceased, number of dependents left

behind by him and the dictum of Rajesh & Ors. (supra), I am of the

considered opinion that the compensation granted by the learned Tribunal

towards non-pecuniary heads is very less. Therefore, I enhance the same to

Rs.1,00,000/- for loss of consortium, Rs.1,00,000/- for loss of love and

affection, Rs.25,000/- for funeral rights and grant Rs.10,000/- for loss of

estate.

10. Accordingly, the compensation amount comes as under:

  Sl.       Heads of           Compensation   Compensation
  No.       Compensation       granted by ld. granted by this
                               Tribunal       Court

1. Loss of financial Rs.5,88,000/- Rs.4,41,090/-

dependency

2. Loss of consortium Rs. 15,000/- Rs. 1,00,000/-

3. Loss of love and Rs. 15,000/- Rs. 1,00,000/-

affection

4. For funeral rites Rs. 10,000/- Rs. 25,000/-

  5.        Loss of estate             -Nil-           Rs.    10,000/-
            TOTAL                Rs.6,28,000/-         Rs.6,76,090/-

Accordingly, the total compensation is assessed at Rs.6,76,090/-.

11. Resultantly, an amount of Rs.48,090/- is enhanced (Rs.6,76,090/- -

Rs.6,28,000/-).

12. The enhanced amount shall carry interest @ 8% per annum from the

date of filing of the claim petition till realization of the amount.

13. Accordingly, the appellant/Insurance Company is directed to deposit

the enhanced compensation amount with upto date interest with the

Registrar General of this Court within a period of five weeks from today,

failing which, appellants/claimants shall be entitled for penal interest @ 12%

per annum on account of delayed payment.

14. On deposit, the Registrar General is directed to release the same in

favour of the respondents/claimants in terms of the award dated 15.03.2007

passed by the learned Tribunal.

15. In view of the above terms, the appeal is disposed of.

CM No.17912/2013 (for directions)

With the disposal of the instant appeal itself, the instant application has also become infructuous and disposed of as such.

SURESH KAIT, J.

MARCH 18, 2014 sb