Shoba Devi & Anr vs Hdfc Ergo Gen Ins Co Ltd & Ors
2016 Latest Caselaw 6373 Del

$~18
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
%                             Date of Decision: 04th October, 2016

+      MAC.APP. 1098/2014

       SHOBA DEVI & ANR                         ..... Appellants
                     Through:         Mr. Anshuman Bal, Adv.

                          versus

       HDFC ERGO GEN INS CO LTD & ORS ..... Respondents
                    Through: Mr. Junaidullah, Adv. for
                              respondent No.1.
       CORAM:
       HON'BLE MR. JUSTICE J.R. MIDHA

                          JUDGMENT (ORAL)

CM 19916/2014 The delay of 46 days in filing the appeal is condoned. The application is disposed of.

MAC.APP. 1098/2014

1. The appellants have challenged the award of the Claims Tribunal whereby a compensation of Rs.13,98,600/- has been awarded to the appellants. The appellants seek enhancement of the award amount.

2. The accident dated 12th March, 2010 resulted in the death of Ram Singh. The deceased was aged 25 years at the time of the accident and was working as a Cook. The deceased was survived by his wife and parents who filed the claim petition before the Claims

Tribunal.

3. The Claims Tribunal took the minimum wages of Rs.5,850/-, added 50% towards future prospects, deducted 1/3rd towards the personal expenses and applied the multiplier of 18 to compute the loss of dependency at Rs.12,63,600/-. The Claims Tribunal awarded Rs.1,00,000/- towards loss of consortium, Rs.10,000/- towards loss of estate and Rs.25,000/- towards funeral expenses. Total compensation awarded is Rs.13,98,600/- along with interest @ 7.5% per annum.

4. Learned counsel for the appellants urged at the time of the hearing that the Claims Tribunal has not awarded the medical expenses of Rs.8,000/. It is further submitted that the Claims Tribunal has not awarded any compensation for loss of love and affection. The appellants also seek enhancement of compensation for loss of estate and the rate of interest.

5. There is merit in the contentions urged by learned counsel for the appellants. The appellants are awarded the medical expenses of Rs.8,000/-. The appellants are also awarded compensation of Rs.1,00,000/- towards loss of love and affection. The compensation for loss of estate is enhanced from Rs.10,000/- to Rs.20,000/-. The rate of interest is enhanced from 7.5% per annum to 9% per annum.

6. The appeal is allowed and the award amount is enhanced from 13,98,600/- to Rs.15,16,600/- along with interest @ 9% per annum from the date of the filing of the claim petition. The enhanced award amount be deposited by respondent no.1 with UCO Bank, Delhi High Court Branch by means of a cheque drawn in the UCO Bank A/c Shoba Devi within four weeks.

7. The order of disbursement of the enhanced award amount shall be passed after examining the appellants who shall remain present in Court on the next date of hearing along with particulars of their savings bank account.

8. List for directions on 2nd December, 2016.

9. Copy of this judgment be given dasti to counsels for the parties under the signature of the Court Master.

J.R. MIDHA, J.

OCTOBER 04, 2016 dk