The New India Assurance Co Ltd vs Ankita & Ors
2016 Latest Caselaw 1251 Del

$~35
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                  Date of Decision: 17th February, 2016
+             MAC.APP. 438/2015 & CM APPL. 9641/2015
       THE NEW INDIA ASSURANCE CO LTD                     ..... Appellant
                         Through:      Mr. Shoumik Mazumdar & Mr.
                                       Pankaj Seth, Advs.
                         versus
       ANKITA & ORS                                       ..... Respondents
                         Through:      Mr. S. N. Parashar, Adv. for R-1 to 4.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
                  JUDGMENT

R.K.GAUBA, J (ORAL):

1. The insurance company challenges the quantum of compensation awarded in claim case under Sections 166 & 140 of the Motor Vehicles Act, 1988 (the MV Act), registered as suit no.224/2014, respecting the death of Ravinder in a motor vehicular accident that occurred on 06.06.2013 involving a vehicle described as dumper bearing registration no.HR-74-9449 (the offending vehicle) which was concededly insured with it, against third party risk, for the period in question. The tribunal awarded as compensation the sum of `74,51,912/- with interest at the rate of nine percent (9%) per annum from the date of filing the petition. The contention of the insurance company, held liable to indemnify though granted liberty to recover from the insured (the owner of the vehicle), is that the loss of dependency has been wrongly worked out by adding the element of future prospects and by restricting the deduction on account of personal and living expenses to one

fourth ignoring the fact that the father had also been joined as a claimant though, per the contention, he could not have been a dependant.

2. Having heard the learned counsel for the insurance company, the appeal is found to be unmerited. The pleadings and the evidence of the claimants that the father was also a dependant on the deceased were not refuted or challenged. The evidence on record clearly showed that the deceased, an engineer holding degree of bachelor of technology, was working as service engineer with M/s Swastik Air Conditioning Company in Faridabad. The record maintained by employer in the nature of salary register besides the salary slips and attendance sheet were duly proved in addition to the certificate respecting emoluments earned. The salary slips clearly revealed progressive increase in the income. In these circumstances, the element of increase in future income was correctly factored in.

3. The appeal is devoid of substance and is dismissed.

4. The statutory deposit, if made, shall be refunded.

5. The insurance company had been directed by order dated 22.05.2015 to deposit fifty percent (50%) of the awarded amount with proportionate interest which was kept in fixed deposit receipt for the specified period. The said amount shall also be released to the claimant in terms of the direction in the impugned judgment. In case of any default, the claimant shall be entitled to take out appropriate execution proceedings to recover the compensation.

R.K. GAUBA (JUDGE) FEBRUARY 17, 2016 ssc