Reliance General Insurance ... vs Hariom & Ors.
2015 Latest Caselaw 341 Del

Citation : 2015 Latest Caselaw 341 Del
Judgement Date : 14 January, 2015

Delhi High Court

Reliance General Insurance ... vs Hariom & Ors. on 14 January, 2015

Author: G.P. Mittal

*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                           Date of decision: 14th January, 2015
+        MAC.APP. 690/2013

         RELIANCE GENERAL INSURANCE COMPANY LTD.
                                                      ..... Appellant
                      Through: Ms. Shantha Devi Raman, Adv. with
                               Mr. Garud M.V., Adv. &
                               Mr. Sameer Dev Singh, Adv.

                     versus

         HARIOM & ORS.                                     ..... Respondents
                              Through:   Mr. Santosh Pratap, Adv. for R-1 &
                                         R-2.

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

G. P. MITTAL, J. (ORAL)

1. The appeal is for reduction of compensation of Rs.20,78,816/-

awarded by the Motor Accident Claims Tribunal (the Claims

Tribunal) for the death of a 17 years old girl Ms. Saumya Singh, who

succumbed to the injuries suffered in a motor vehicular accident which

occurred on 22.05.2010.

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

had just passed her 11th standard and was a student of 12th class. The

Claims Tribunal erred in taking the notional income of the deceased as

Rs.15,000/- per month. The Claims Tribunal further added 50%

towards future prospects, which is in violation of the three Judge

Bench decision in Reshma Kumari & Ors. v. Madan Mohan & Anr.

(2013) 9 SCC 65.

3. I have perused the record. Respondents no.1 and 2 have placed on

record host of documents to show that the deceased was a brilliant

student. Mark sheet issued by the Central Board of Secondary

Education (CBSE) shows that the deceased had secured 92%, 95%

and 79% marks in English, Hindi and Mathematics respectively. She

had passed 11th standard and was a student of Brilliant Tutorials

pursuing for admission in IIT. She was granted scholarship of

Rs.40,000/- by the Brilliant Tutorials vide letter Ex.PW-1/7 proved

during inquiry before the Claims Tribunal. The deceased participated

in Science Olympiad Foundation in Sixth National Science Olympiad

and was awarded a merit certificate for her distinctive performance.

Other documents have also been placed on record to show that the

deceased Ms. Saumya Singh was a brilliant student. In view of this, I

am of the view that notional income of Rs.15,000/.- taken by the

Claims Tribunal was on the lower side. It ought to have been taken as

Rs.20,000/- per month.

4. I am supported in this view by a report of the Supreme Court in Haji

Zainullah Khan (Dead) by Lrs. v. Nagar Mahapalika, Allahabad, 1994

(5) SCC 667, wherein in case of death of a young boy aged 20 years,

who was a student of B.Sc. (First year) (Biology) in the year 1972, the

compensation of Rs.1,46,900/- was increased and rounded off to

Rs.1,50,000/-. At the same time, addition towards future prospects was

not justified.

5. The loss of dependency thus comes to Rs.18,00,000/- (Rs.20,000/- x

12 ÷ 2 x 15).

6. The Claims Tribunal awarded a compensation of Rs.25,000/- towards

loss of love and affection. In view of the judgment in Rajesh & Ors.

v. Rajbir Singh & Ors., (2013) 9 SCC 54 the compensation awarded

towards loss of love and affection is increased to Rs.1,00,000/-.

7. Similarly, a compensation of Rs.13,816/- was awarded by the Claims

Tribunal as against the medical bills of Rs.33,816/- as the deceased

Saumya Singh was admitted in Fortis Hospital. In addition to the sum

of Rs.33,816/-, I also award another sum of Rs.10,000/- towards

conveyance charges, special diet and gratuitous services rendered by

the family members.

8. The revised compensation is hence, tabulated as under:-

Sl. Compensation under various Awarded by Awarded by heads the Claims this Court No. Tribunal

1. Loss of Dependency 20,25,000/- 18,00,000/-

2. Loss of Love and Affection 25,000/- 1,00,000/-

     3.      Loss to Estate                             10,000/-                  10,000/-

     3.      Funeral Expenses                           25,000/-                  25,000/-

     4.      Reimbursement of Bills                     13,816/-                  33,816/-

     5.      Conveyance Charges                               --                  10,000/-

     6.      Special Diet                                     --                  10,000/-

     7.      Gratuitous services                              --                  10,000/-

                                        Total    Rs.20,98,816/-        Rs.19,98,816/-

9. There is a clerical mistake in para 21 of the impugned award as while

calculating the total award, it is recorded that 'Thus, the total

compensation will be Rs.19,98,816-' instead of Rs.20,98,816/-.

10. The overall compensation now comes to Rs.19,98,816/-.

11. Learned counsel for Respondents no.1 and 2 has urged that a sum of

Rs.74,364/- was paid towards the tuition fee in Brilliant Tutorials vide

receipt Ex.PW-1/8 and because of death of Ms. Saumya Singh, the

said money could not be utilised.

12. Strictly speaking, this sum is not permissible for reimbursement as the

parents of the deceased might have spent a large sum of money on

education of the deceased. In any case, I do not find the compensation

of Rs.20,98,816/- awarded by the Claims Tribunal to be excessive and

exorbitant. Overall compensation seems to be just and reasonable.

Therefore, I am not inclined to interfere with the award of

compensation.