Universal Sompo General ... vs Lrs Of Maladevi & Ors
2016 Latest Caselaw 3798 Del

$~15

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                  Date of Decision: 19.05.2016
+      MAC.APP. 20/2014

       UNIVERSAL SOMPO GENERAL INSURANCE

       COMPANY LIMITED                                     ..... Appellant

                         Through: Mr. Zorawar Singh and Mr. Abhishek
                         Mishra, Advocates

                         versus

       LRS OF MALADEVI & ORS                               ..... Respondents

                         Through: Mr. J.P.N. Shahi, Advocate for R-1 to 6

CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
                         JUDGMENT

R.K.GAUBA, J (ORAL):

1. Mala Devi died in a road accident on 21.03.2013 involving negligent driving of a truck bearing registration no.DL-ILP-5393 (offending vehicle) which was admittedly insured against third party risk with the appellant insurance company. On the claim petition (MACT 229/2013) instituted by her husband and other dependent family members, first to sixth respondents (claimants), the tribunal by judgment dated 01.10.2013 awarded compensation in the sum of Rs.18,46,800/- with interest.

2. The insurer which has been burdened with the liability challenges the award on the ground that the claim that the deceased was gainfully employed as a maid was not substantiated. It is also the submission that deduction on account of personal and living expenses should have been made. Both these grounds are unmerited as the tribunal has treated the case of the claimant as a housewife and has followed the law down by this court in Royal Sundaram Alliance Insurance Co. Ltd. Vs. Master Manmeet Singh & Ors., 2012 ACJ 721. Thus, the appeal is dismissed.

3. By order dated 10.01.2014, the insurance company had been directed to deposit the entire awarded compensation with upto date interest with the Registrar General of this court within the period specified and out of such deposit eighty percent (80%) was allowed to be released to the claimants in terms of the impugned judgment, the balance having been kept in fixed deposit in the UCO Bank, Delhi High Court Branch, New Delhi, initially for a period of six months with a provision for periodical renewal. The Registrar General shall now calculate the sums payable to the claimants and release the same with proportionate interest in their favour in terms of the aforementioned direction, refunding the excess, if any, with statutory deposit to the insurer. Conversely, if more amount is required to be paid, the insurer shall be directed to deposit the same with the tribunal within 30 days of this judgment whereupon it shall be released with interest accordingly.

4. The appeal is disposed of in above terms.

R.K. GAUBA (JUDGE) May 19, 2016 yg