Delhi High Court
Reliance General Insurance Co Ltd vs Reena & Ors on 7 December, 2016
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 07th December, 2016
+ MAC.APP. 678/2015 & CM No.17108/2015
27 RELIANCE GENERAL
INSURANCE CO LTD ..... Appellant
Through: Ms. Shantha Devi Raman and
Mr. Arbaaz Hussain, Advs.
versus
REENA & ORS ..... Respondents
Through: Mr. Anshuman Bal, Adv. for
R1 to R4.
+ MAC.APP. 945/2016
28 REENA & ORS ..... Appellants
Through: Mr. Anshuman Bal, Adv.
versus
RELIANCE GENERAL
INSURANCE CO LTD & ORS ..... Respondents
Through: Ms. Shantha Devi Raman and
Mr. Arbaaz Hussain, Advs.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
CM No.28863/2015
1. Issue notice. Learned counsel for the appellant accepts notice.
2. The application is allowed and name of respondent No.4 is
deleted from the array of parties. Amended memo of parties is taken
on record.
MAC.APP.945/2016 and MAC.APP.678/2015
1. The parties have challenged the award of the Claims Tribunal
whereby compensation of Rs.19,98,642/- has been awarded to the
legal representatives of Kuldeep @ Mahesh Chand.
2. The accident dated 05th July, 2012 resulted in the death of
Kuldeep @ Mahesh Chand. The deceased was aged 20 years at the
time of accident and was survived by his widow, one son, one
daughter and parents who filed the claim petition before the Claims
Tribunal. The deceased was working as a cleaner on the offending
vehicle. The Claims Tribunal took the minimum wages of Rs.8,528/-,
deducted 1/5th towards personal expenses and applied the multiplier of
18 to award Rs.14,73,642/- as loss of dependency. The Claims
Tribunal awarded Rs.3,00,000/- towards loss of love and affection,
Rs.1,00,000/- towards loss of consortium, Rs.1,00,000/- towards loss
of estate and Rs.25,000/- towards funeral expenses. The total
compensation awarded is Rs.19,98,642/-.
3. Learned counsel for the Insurance company urged at the time of
hearing that the personal expenses of deceased be enhanced from 1/5 th
to 1/4th and the compensation under the heads of loss of love and
affection be reduced from Rs.3,00,000/- to Rs.1,00,000/- and
compensation under the head of loss of estate be reduced from
Rs.1,00,000/- to Rs.10,000/-. Learned counsel for the claimants seek
enhancement of the award amount on the ground that the 50% be
added on the minimum wages on account of inflation.
4. There is merit in the contentions urged by the learned counsels
for both the parties. Taking the minimum wages of Rs.8,528/- per
month income of the deceased, adding 50% towards inflation,
deducting 1/4th towards personal expenses and applying the multiplier
of 18, the loss of dependency is computed as Rs.20,72,304/-. The
compensation under the heads of loss of love and affection is reduced
from Rs.3,00,000/- to Rs.1,00,000/-, compensation under the head of
loss of estate is reduced from Rs.1,00,000/- to Rs.25,000/-. Adding
Rs.1,00,000/- towards consortium and Rs.25,000/- towards funeral
expenses, the total compensation is computed as Rs.23,22,304/-.
5. Both the appeals are allowed and the award amount is enhanced
from Rs.19,98,642/- to Rs.23,22,304/- along with interest @ 9% per
annum w.e.f. 1st August, 2012 till realization.
6. The enhanced amount be deposited by the insurance company
with UCO Bank, Delhi High Court Branch by means of a cheque
drawn in the name of UCO Bank A/c Reena within 30 days. The UCO
Bank shall keep the said amount in fixed deposit till further orders.
7. The Insurance company has deposited Rs.25,64,650/- with the
Registrar General of this Court in terms of the order dated 26th August,
2015 out of which 50% has been released and the balance amount is
lying in fixed deposit.
8. The Registrar General is directed to instruct UCO Bank, Delhi
High Court Branch to release a sum of Rs.75,000/- to respondent No.1
by transferring the same to her savings bank account No.35017789789
with State Bank of India, Kootpootly, Behind Old Bus Stand,
Kootpootly Distt., Jaipur - 303108. The balance amount be retained
by fixed deposit and the appropriate order shall be passed on the next
date of hearing.
9. The statutory amount be refunded back to the insurance
company after deposit of the enhanced award amount.
10. List on 10th January, 2017 at 02.30 P.M.
11. The claimants shall remain present in Court on the next date of
hearing.
12. Copy of this judgement be given dasti to learned counsels for
the parties under signature of Court Master.
DECEMBER 07, 2016 J.R. MIDHA, J.
ak
