Reliance General Insurance Co Ltd vs Reliance General Insurance Co Ltd
2015 Latest Caselaw 1084 Del

$~15
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                          Date of decision: 5th February, 2015
+        MAC.APP. 535/2012
         RELIANCE GENERAL INSURANCE CO LTD ..... Appellant
                      Through: Mr. K.L. Nandwani, Adv.

                           versus

         RAJEEV KAPOOR & ORS                              ..... Respondents
                     Through:           Nemo.

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

G. P. MITTAL, J. (ORAL)

1. This appeal is for reduction of compensation of Rs.39,00,655/-

awarded to the Respondents/Claimants for the death of Shivani

Kapoor, who died in a motor vehicular accident which occurred on

12.11.2011.

2. The main grievance of the Appellant Insurance Company is that since

the deceased Shivani Kapoor was gainfully employed on full time job,

value of gratuitous services to the extent of Rs.3,000/- per month

ought not to have been considered.

3. I have the Trial Court record before me. It was established that

deceased Shivani Kapoor was working in the sample department of

M/s. Orient Fashion India Private Limited since the year 2005. Her

salary increased from Rs.8,500/- per month to Rs.21,280/- per month

as per the last salary certificate. This included a sum of Rs.800/-

towards conveyance allowance. Even if the amount of Rs.800/- is

excluded from the income and is taken as incidental to employment,

yet salary of deceased Shivani Kapoor was Rs.20,480/-. Since she was

in permanent job having good future prospects she was entitled to

addition of 50% on the basis of her age of 38 years.

4. The loss of dependency even without addition of loss of gratuitous

services comes to Rs.36,21,920/- (Rs.20,480/- x 12 - 5500/-(Income

Tax) + 50% x 2/3 x 15).

5. On addition of Rs.1,00,000/- each towards loss of love and affection

and towards loss of consortium, Rs.25,000/- towards funeral expenses

and Rs.10,000/- towards loss to estate, the overall compensation

comes to Rs.38,56,920/-.

6. The compensation of Rs.39,00,655/- awarded by the Claims Tribunal

hence, cannot be said to be excessive or exorbitant even if gratuitous

services are not considered. The compensation is just and reasonable.

7. The appeal is bound to fail; the same is accordingly dismissed.

8. Pending application also stands disposed of.

9. Statutory amount, if any, shall be refunded to the Appellant Insurance

Company.

(G.P. MITTAL) JUDGE FEBRUARY 05, 2015 vk