Bajaj Allianz Insurance Co. Ltd vs Gajraj & Ors.
2015 Latest Caselaw 3614 Del

$~27
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                Date of decision: 5th May, 2015
+        MAC.APP. 477/2012
         BAJAJ ALLIANZ INSURANCE CO. LTD. ...... Appellant
                       Through: Mr. K.L.Nandwani, Adv. with
                                Mr. Manish Kaushik, Adv.

                            versus

         GAJRAJ & ORS.                                       ..... Respondents
                                     Through:   Mr. Jatinder Kumar, Adv. for
                                                R-1 & R-2.

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

G. P. MITTAL, J. (ORAL)

1. The appeal is directed against the judgment dated 03.02.2012 passed

by the Motor Accident Claims Tribunal (the Claims Tribunal)

whereby compensation of `8,02,148/- was awarded in favour of

Respondents no.1 and 2 for the death of Bhupender, who suffered fatal

injuries in a motor vehicular accident which occurred on 28.04.2007.

2. It is an admitted case of the parties that deceased Bhupender suffered

fatal injuries while he was driving Mahindra Champion bearing

registration no.DL-1CF-8470.

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

Bhupender was not a third party. He himself was the driver of the

vehicle involved in the accident and the vehicle's Insurance Company

was not liable to pay the compensation.

4. Copy of the insurance policy is placed on record which shows that an

additional premium of `50/- was paid for covering the risk of two

employees for operation and maintenance of the vehicle. In view of

this, risk of the driver under the Employees Compensation Act, 1923

(the Act) was covered.

5. Learned counsel for Respondents no. 1 and 2 fairly concedes that

Respondents no.1 and 2 would be entitled to compensation without

proof of negligence under the Employees Compensation Act, 1923.

6. Salary of deceased Bhupender was stated by PW-1 (father of the

deceased) to be `3200/- per month on the date of the accident. The

compensation payable as per Section 4 of the Act as enforceable at the

time of the accident on 28.04.2007 comes to `3,62,208/- (3200/- x ½ x

226.38/- (factor on the age of 18 as per Schedule 4).

7. Respondents no.1 and 2 shall be entitled to interest @ 12% per annum

w.e.f. 28.05.2007 till the date of deposit of the amount in this Court.

8. The amount held payable shall be payable to Respondents no.1 and 2

in equal proportion.

9. An amount of `1,72,555/- each has already been released in favour of

Respondents no.1 and 2. The balance amount payable shall be

released forthwith.

10. The excess amount shall be refunded to the Appellant Insurance

Company.

11. The appeal is allowed in above terms.

12. Statutory amount, if any, deposited shall be refunded to the Appellant

Insurance Company.

13. Pending applications, if any, also stand disposed of.

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