United India Insurance Co. Ltd. vs Smt. Bimla Goyal And Ors.
2016 Latest Caselaw 3359 Del

$~R-81

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      Date of Decision: 06.05.2016
+      MAC.APP. 567/2007 and CM No.12449/2007, 12450/2007 and
       18141/2009
       UNITED INDIA INSURANCE CO. LTD.                  ..... APPELLANT
                          Through: None


                          versus


       SMT. BIMLA GOYAL AND ORS.                   .... RESPONDENTS
                          Through: None
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
                          JUDGMENT

R.K.GAUBA, J (ORAL):

1. By judgment dated 02.06.2007, the Motor Accident Claims Tribunal (Tribunal) decided accident claim case (suit no.242/2005) that had been instituted on 05.12.2005 by the first to fourth respondents (claimants) seeking compensation for death of Jai Bhagwan Goyal in a motor vehicular accident that had occurred on 15.09.2005 involving negligent driving of a motor vehicle described as a dumper bearing registration no.HR 69B 0235 (offending vehicle). The appellant insurance company (insurer) was impleaded as one of the respondents, it having concededly issued an insurance policy in respect of the offending vehicle for the period in

question. On the basis of the evidence led during inquiry, the tribunal by the impugned judgment awarded compensation in the sum of Rs.10,87,970/- with interest in favour of the claimants directing the insurer to pay the same.

2. By the appeal at hand, the insurer has raised primarily two contentions concerning computation; one, that the income had been wrongly assumed on the basis of Income Tax Return (ITR) and, second, that the deduction on account of personal & living expenses should have been made to the extent of 1/3rd rather than 1/4th.

3. At the hearing no one has appeared on behalf of either side to assist. Having regard to the old pendency of the matter, there is no good reason why the hearing should be deferred.

4. Having perused the record, it is found that the appeal must fail. The Income Tax Return for the assessment year 2004-2005 (Ex. PW1/2) has been proved on record. There is no good reason why it should be disbelieved.

4.1 The deduction on account of personal & living expenses to the extent of 1/4th is in accord with dicta in Sarla Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121, in as much as the dependent family members were 5 in number.

5. The appeal is unmerited and is liable to be dismissed.

6. By order dated 22.12.2009, the insurance company had been directed to deposit the entire awarded amount with upto date interest with the UCO Bank, Delhi High Court branch, New Delhi within the period specified. The

amount, if so deposited, shall now be released to the claimants in terms of the impugned award, failing which the claimants are at liberty to take out appropriate proceedings for its recovery.

7. Statutory deposit, if made, shall be refunded.

8. The appeal and the applications are disposed of, in above terms.

R.K. GAUBA (JUDGE) MAY 06, 2016 yg