Delhi High Court
Satya Prakash Pandey & Ors. vs Cholamandalam Ms General ... on 4 May, 2016
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 04.05.2016
+ MAC.APP. 160/2013
SATYA PRAKASH PANDEY & ORS. ..... Appellant
Through Mr. Mukesh K Verma, Adv.
versus
CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD. &
ORS.
..... Respondent
Through Mr. Pankaj Gupta, Adv. for Ms.
Suman Bagga, Adv. for R-1
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT
R.K.GAUBA, J (ORAL):
1. Shravan Kumar Pandey, 20 year old bachelor, self-employed, suffered
injuries in motor vehicular accident on 04.06.2011 involving negligent
driving of motor vehicle bearing registration No.HR 38P 5102 (offending
vehicle) and died. His parents and younger sister claiming to be dependents
filed accident claim case (MAC petition No.103/11) on 01.08.2011 seeking
compensation impleading the first respondent (insurer) as one of the
respondents, it being admittedly the insurance company which had issued the
third party insurance policy in respect of the offending vehicle for the period
in question. The tribunal assessed the loss of dependency in the sum of
Rs.17,00,175/- and added Rs.25,000/- towards loss of love & affection,
Rs.10,000/- towards loss of estate and Rs.5,000/- towards funeral expenses
and awarded compensation in the total sum of Rs.17,40,175/- with interest at
7.5% per annum calling upon the insurer to pay.
2. The appeal at hand seeking enhancement is pressed only to seek
improvement of the non-pecuniary awards and rate of interest. Following the
view taken in Rajesh & Ors. v. Rajbir Singh & Ors., (2013) 9 SCC 54 and
Shashikala V. Gangalakshmamma (2015) 9 SCC 150, compensation in the
sum of Rs.1 lakh on account of loss of love & affection and Rs.25,000/- each
towards loss of estate and funeral expense are granted. This would mean the
award shall stand enhanced by Rs.1,10,000/-.
3. Following the consistent view taken by this Court [see judgment dated
22.02.2016 in MAC.APP. 165/2011 Oriental Insurance Co Ltd v. Sangeeta
Devi & Ors.], the rate of interest is increased to 9% per annum from the date
of filing of the petition till realization.
4. The award is modified as above.
5. It is directed that the entire enhanced portion of the award including
the effect of increase in the rate of interest shall fall to the share of the second
appellant (Anita Pandey), mother of the deceased, and shall be released to her
in the form of fixed deposit receipt in a nationalized bank for a period of
seven years with right to draw monthly interest.
6. The insurance company is directed to satisfy the modified award by
requisite deposit with the tribunal within 30 days making it available to the
claimants.
7. The appeal is disposed of in above terms.
R.K. GAUBA
(JUDGE)
MAY 04, 2016/VLD
