Smt Sayara & Ors. vs Oriental Ins Co Ltd & Ors.
2014 Latest Caselaw 1561 Del

$~25
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                             Judgment delivered on: 24th March, 2014
+                               MAC.APP. 633/2013

        SMT SAYARA & ORS.                              ..... Appellants
                     Represented by:         Mr.Anshuman Bal,
                                             Advocate.

                           Versus

        ORIENTAL INS CO LTD & ORS.                     ..... Respondents
                      Represented by:        Mr.Vijay Kumar Gupta,
                                             Advocate for Respondent
                                             No.1.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. Vide the present appeal, the appellants have assailed the award dated 04.04.2013, whereby the learned Tribunal has granted compensation for an amount of Rs.9,72,200/- with interest at the rate of 9% per annum from the date of filing the petition till realization of the amount.

2. The appellants/claimants are seeking enhancement of the compensation amount as noted above.

3. Mr. Anshuman Bal, Learned counsel appearing on behalf of the appellants submits that the deceased Nazim Ali, died at the age of 32 years. He was a fruit seller and was earning Rs.9,000/- per month. He left behind nine dependants, inclusive of young widow, seven minor

children and a widowed mother. However, learned Tribunal has granted Rs.25,000/- towards love and affection, Rs.10,000/- for loss of consortium and Rs.5,000/- for funeral expenses on a very lower side.

4. On the other hand, Mr. Vijay Kumar Gupta, learned counsel appearing on behalf of the respondent No.1/Insurance Company submits that the accident had taken place on 10.04.2010, the claim petition was filed on 16.04.2010 and the impugned award was passed on 04.04.2013. Therefore, keeping in view the facts and circumstances of the case, the learned Tribunal has granted sufficient amount under the heads noted above.

5. I have heard the learned counsel for the parties and perused the record.

6. Admittedly, the deceased died in the accident occurred on 10.04.2010. He was earning his livelihood by selling fruits. He had nine dependants, i.e., wife, seven minor children and a widowed mother. He was the sole bread earner of his family as his father had predeceased him. The untimely death of the deceased was a great shock to his family, they are deprived of love and affection of the deceased and irreparable loss has caused to the family. Claimant No. 1 has lost her husband at a very young age, seven minor children have lost the guidance, love and affection of their father, and mother has lost her son and support at her old age, instead of seeing his future and progress.

7. In view of the above noted facts and the number of dependants, I am of the considered view that the compensation granted towards non- pecuniary heads by the learned Tribunal is on a very lower side.

8. Therefore, keeping in view the dictum of the Full Bench of the Apex Court in the case of Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563, I enhance Rs.1,00,000/- each for loss of love and affection and loss of consortium and Rs.25,000/- for funeral expenses.

9. 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 dependency        Rs.9,22,172.16 Rs.9,22,172.16

     2.     Loss of estate            Rs. 10,000/-        Rs. 10,000/-

     3.     Loss of Consortium        Rs. 10,000/-        Rs.1,00,000/-

     4.     For funeral expenses      Rs. 5,000/-         Rs. 25,000/-

     5.     Loss of        love   and Rs. 25,000/-        Rs.1,00,000/-
            affection
            TOTAL                    Rs.9,72,172.16         Rs.11,57,172.16
                                     (rounded          off (Rounded off
                                      Rs.9,72,200/-)        Rs.11,57,172)

Resultantly, the compensation is assessed at Rs.11,57,172/-.

10. Hence, an amount of Rs.1,85,000 is enhanced (Rs.11,57,172 - Rs.9,72,200/-).

11. The enhanced amount shall carry interest at the rate of 9% per annum from the date of filing of the claim petition till realization of the amount.

12. Accordingly, the respondent No.1/Insurance Company is directed to deposit the enhanced amount with up-to-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 at the rate of 12% per annum on account of delayed payment.

13. On deposit, the Registrar General is directed to release the amount in favour of the appellants/claimants proportionally in terms of the award dated 04.04.2013 passed by the learned Tribunal.

14. Accordingly, the appeal is allowed.

SURESH KAIT, J.

MARCH 24, 2014 Sb/jg