Icici Lombard General Insurance ... vs Smt Mamta & Ors
2015 Latest Caselaw 2718 Del

$-4
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                    Decided on: 6th April, 2015
+       MAC.APP. 609/2011

        ICICI LOMBARD GENERAL INSURANCE CO LTD..... Appellant
                      Through: Ms. Suman Bagga, Adv. with
                               Mr. Pankaj Gupta, Adv.

                           versus

        SMT MAMTA & ORS                                         ..... Respondents
                    Through:             Nemo.

        CORAM:
        HON'BLE MR. JUSTICE G.P.MITTAL

                               JUDGMENT

G. P. MITTAL, J. (ORAL)

1. There is twin challenge to the judgment dated 23.04.2011 passed by

the Motor Accident Claims Tribunal (the Claims Tribunal) whereby

compensation of `9,37,296/- was awarded in favour of Respondents

no.1 to 3 for the death of Satender for having suffered fatal injuries in

a motor vehicular accident which occurred on 13.01.2009. Satender

was an agriculturist by profession

2. It is urged by the learned counsel for the Appellant that the deceased

was working as a Farmer but, the Claims Tribunal took his income as

per the minimum wages of a Matriculate (as per his qualification) and

made an addition of 50% towards future prospects. It is also urged that

the award of interest @ 15% per annum is exorbitant and excessive.

3. I have perused the Trial Court record.

4. As an agriculturist, deceased Satender was expected to work day and

night. It can be assumed that in the year 2009, the input of labour

towards agriculture by a farmer in his own fields cannot be taken as

per the minimum wages of a skilled worker or even of a Matriculate. I

will make an assessment of the same to be at least `5,000/- per month.

The loss of dependency therefore, comes to ` 7,20,000/- (5,000/- x 2/3

x 12 x 18).

5. In addition, the Respondents are entitled to a sum of `1 lac each

towards loss of love and affection and loss of consortium, `25,000/-

towards funeral expenses and `10,000/- towards loss to estate.

6. The overall compensation thus, comes to `9,55,000/-.

7. The award of compensation of `9,37,296/- by the Claims Tribunal

cannot be said to be excessive and exorbitant; the same is just and

reasonable.

8. However, grant of interest @ 15% is quite high. The rate of interest

started falling since the beginning of this century and started firming

up since the year 2007. The interest on long term deposits with any

Nationalised Bank was varying between 7.5 % to 8.00 % per annum

during the period of accident and decision by the Claim Petition.

9. In view of this, award of interest @ 15% per annum is set aside. The

same is reduced to 8% per annum.

10. The appeal is allowed in above terms.

11. Pending applications, if any, stand disposed of.

(G.P. MITTAL) JUDGE APRIL, 06, 2015 vk