Delhi High Court
The New India Assurnace Co. Ltd. vs Smar Jahan & Ors. on 22 December, 2016
$~63
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 22nd December, 2016
+ MAC.APP. 131/2008
THE NEW INDIA ASSURNACE CO. LTD...... Appellant
Through: Mr. Ramesh Kumar, Adv.
versus
SMAR JAHAN & ORS. ..... Respondents
Through: Mr. Anshuman Bal, Adv. for
R1 to R7.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the award of the Claims Tribunal
whereby the Claims Tribunal has awarded Rs.4,88,800/- to
respondents No.1 to 6.
2. The accident dated 04th February, 2007 resulted in the death of
Intazar @ Naneh. The deceased was aged 33 years at the time of the
accident and was survived by his widow, three minor children and
parents who filed the claim petition before the Claims Tribunal. The
Claims Tribunal took the monthly income of the deceased as
Rs.3300/-, deducted 1/3rd towards his personal expenses and applied
the multiplier of 17 to compute the loss of dependency as
Rs.4,48,800/-. The Claims Tribunal awarded Rs.10,000/- towards loss
of consortium, Rs.10,000/- towards loss of estate, Rs.10,000/- towards
funeral expenses and Rs.10,000/- towards transportation expenses of
dead body. The total compensation awarded is Rs.4,88,800/-.
3. Learned counsel for the appellant urged at the time of hearing
that the appellant's liability is limited to the liability under the
Employee's Compensation Act. It is submitted that the appellant's
liability under the Employee's Compensation Act would be
Rs.3,35,329/-.
4. Learned counsel for the respondent disputes the appellant's
submission that the liability of the appellant is limited to the liability
under the Employee's Compensation Act. It is submitted that this plea
was not raised by the appellant before the Claims Tribunal. Without
prejudice, it is submitted that even under Employee's Compensation
Act, the compensation payable would be Rs.4,05,820/- along with
interest @ 12% per annum as per computation given hereunder:
Calculation as per Employee's Compensation Act
Income of the deceased Rs. 4,000.00
Factor Rs. 201.66
Total compensation: Rs.201.66 x 2000 Rs.4,03,320.00
Funeral expenses Rs. 2,500.00
Total compensation Rs.4,05,820.00
along with interest
@ 12% per annum.
5. The record of the Claims Tribunal has been perused. In the
written statement filed by the appellant, the appellant had admitted the
valid insurance policy in respect of the offending vehicle but no plea
of limited liability was raised in the written statement. No evidence
was also led by the appellant before the Claims Tribunal. The
appellant did not even prove the clause relating to the limited liability
of the appellant before the Claims Tribunal. In the absence of any
pleadings or evidence, the Claims Tribunal has not given any finding
with respect to the plea of limited liability raised in appeal before this
Court. In that view of the matter, there is no infirmity in the award
passed by the Claims Tribunal.
6. There is no merit in the appeal which is hereby dismissed.
7. The appellant has deposited the entire award amount with the
Claims Tribunal out of which some amount has been released to
respondents in terms of the award and the balance amount is lying in
four FDRs. The Claims Tribunal shall release the FDRs to the
respondents.
8. Copy of this judgment be given dasti to learned counsels for the
parties under signature of Court Master.
J.R. MIDHA, J.
DECEMBER 22, 2016
ak
