Delhi High Court
Icici Lombard General Insurance ... vs Jyoti Malhotra & Ors. on 8 January, 2015
Author: G.P. Mittal
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 08th January, 2015
+ MAC. APP. No.631/2013
ICICI LOMBARD GENERAL INSURANCE CO. LTD.
..... Appellant
Through: Ms. Suman Bagga, Advocate & Mr.
Pankaj Gupta, Advocate
Versus
JYOTI MALHOTRA & ORS. .....Respondents
Through: Mr. Puneet Khurana, Advocate for
Respondents no.1 & 2.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. This appeal is directed against the judgment dated 04.01.2013 passed by
the Motor Accident Claims Tribunal(the Claims Tribunal) whereby
compensation of Rs.17,17,146/- along with interest @ 7.5% per annum
was awarded in favour of Respondents no.1 and 2 for the death of Karan
Malhotra, their unmarried son.
2. The only ground raised by the Appellat at the time of arguments is that
the monthly salary of the deceased was wrongly taken as Rs.13,271/-
instead of Rs.11,271/-. It is urged that reimbursement of Rs.2,000/- was
wrongly added in the monthly salary of the deceased of September, 2009
and thus, the deceased's salary without this addition even for the month
of September, 2009 was only Rs.11,271/-.
3. I have perused the pay slips placed on record of the Claims Tribunal as
well as on the paper book which clearly depict that the deceased's salary
in the month of June, July and August, 2009 was Rs.11,271/- only.
However, in the month of September, 2009, it was Rs.13,271/- as there
was an addition of Rs.2,000/- towards reimbursement.
4. The learned counsel for Respondents no.1 and 2 opposes the appeal and
submits that there was an enhancement of Rs.2,000/- in the salary in
September, 2009. I am not inclined to agree with the learned counsel for
Respondents no.1 and 2 in view of the documents in the shape of salary
slips which clearly demonstrate that the amount of Rs.2,000/- was
towards reimbursement only. Thus, the loss of dependency is computed
as Rs.14,20,146/- (Rs.11,271/- + 50% x ½ x 12 x 14).
5. At the same time, it is urged by the learned counsel for Respondents that
a sum of only Rs.25,00/- was awarded towards loss of love and affection.
With the inflation, now the trend is to award a sum of Rs.1,00,000/-
towards loss of love and affection. If any authority is needed, reference
may be made to Rajesh & Ors. v. Rajbir Singh & Ors.,(2013) 9 SCC 54.
Consequently, the compensation towards loss of love and affection is
raised from Rs.25,000/- to Rs.1,00,000/-. Similarly, the compensation
towards funeral expenses is raised from Rs.10,000/- to Rs.25,000/-.
6. The overall compensation is re-computed as under:
S.No. Head of Granted by Granted by
Compensation the Claims this Court
Tribunal
1. Loss of Dependency Rs.16,72,146/- Rs.14,20,146
2. Loss of Love and Rs.25,000/- Rs.1,00,000/-
Affection
3. Funeral Expenses Rs.10,000/- Rs.25,000/-
4. Loss to Estate Rs.10,000/- Rs.10,000/-
Total Rs.17,17,146/- Rs.15,55,146/-
R
7. The overall compensation is thus, reduced from Rs.17,17,146/- to
Rs.15,55,146/-.
8. By order dated 19.07.2013, entire amount of `17,17146 was ordered to
be deposited by the Appellant in the Court and 80% of the same was
ordered to be released in favour of Respondents no.1 and 2.
9. Thus the excess sum of Rs.1,62,000/- along with proportionate interest as
granted by the Claims Tribunal and the interest accrued, if any, during
the pendency of the Appeal will be refunded to the Appellant ICICI
Lombard General Insurance Co. Ltd. by the Court.
10. The remaining amount of compensation along with interest shall be
distributed in equal proportion to the Claimants/held in Fixed Deposit as
directed by the Claims Tribunal.
11. The finding of the Claims Tribunal with regard to return of sum of
Rs.1,00,000/- to the owner as given in para 30 of the impugned judgment
is also affirmed.
12. The statutory amount of Rs.25,000/- shall also be refunded to the
Appellant Insurance Company.
13. The Appeal is allowed in above terms.
14. Pending applications, if any, also stands disposed of.
(G.P. MITTAL)
JUDGE
JANUARY 08, 2015
pst
