Iffco Tokio General Insurance ... vs Ram Bahadur And Ors.
2014 Latest Caselaw 1664 Del

Citation : 2014 Latest Caselaw 1664 Del
Judgement Date : 27 March, 2014

Delhi High Court

Iffco Tokio General Insurance ... vs Ram Bahadur And Ors. on 27 March, 2014

Author: Suresh Kait

$~35
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                      Judgment delivered on: 27th March, 2014

+                      MAC.APP. No.246/2013
IFFCO TOKIO GENERAL INSURANCE COMPANY
LTD                                           ..... Appellant
                  Represented by: Ms. Suman Bagga, Adv.

               Versus

RAM BAHADUR AND ORS.                         ..... Respondents
                Represented by: Mr. S.K. Vashishth, Adv. for R1
                to R3.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. The present appeal has been preferred against the impugned award dated 12.12.2012, whereby Ld. Tribunal has awarded compensation for an amount of Rs.2,48,100/- with interest @ 9% per annum from the date of filing the Claim Petition till realization of the amount.

2. Ms. Suman Bagga, Ld. Counsel appearing on behalf of the appellant submits that Ld. Tribunal has held that the claimants cannot be considered as dependents of the deceased and consequently they are only entitled to loss of estate. Despite the fact recorded by the Ld. Tribunal, an amount of Rs.2,18,050.56/- was granted towards loss of estate.

3. Ms. Bagga has fairly conceded that compensation amount may be increased towards funeral expenses and for loss of love and affection.

4. Mr. S.K. Vashishth, Ld. Counsel appearing on behalf of the respondents / claimants does not dispute the arguments advanced by the counsel for the appellant. Accordingly, an amount of Rs.50,000/- is granted towards no fault liability, Rs.1,00,000/- towards loss of love and affection and Rs.25,000/- towards funeral expenses.

5. Accordingly, the compensation amount is assessed as Rs.1,75,000/-.

6. Hence, an amount of Rs.73,100/- is reduced (Rs.2,48,100

- Rs. 1,75,000).

7. I note, vide order dated 15.03.2013, an amount of Rs.1,00,000- was directed to be released in favour of the respondents / claimants in terms of award dated 12.12.2012.

8. In view of above, statutory amount with excess amount with proportionate interest be released in favour of the appellant and the balance compensation amount be released in favour of the respondents / claimants on taking steps by them.

9. Accordingly, the appeal is partially allowed.

SURESH KAIT, J

MARCH 27, 2014 jg