Delhi High Court
New India Assurance Co Ltd vs Naresh Bala & Ors on 7 September, 2016
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 07th September, 2016
+ MAC.APP. 859/2012 & CM 13583-13584/2012
NEW INDIA ASSURANCE CO LTD ..... Appellant
Through Mr. Sameer Nandwani, Adv.
versus
NARESH BALA & ORS ..... Respondents
Through Mr. H.R. Jha, Adv. for R-1 to R-5.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the award of the Claims Tribunal
whereby a compensation of Rs.15,80,324/- has been awarded to claimants/
respondents no.1 to 5.
2. The accident dated 23th March, 2006 resulted in the death of Sanjeev
Kumar. The deceased was travelling in car driven by Pradeep Kumar which
met with an accident with truck No.UHQ-0857. The deceased was aged 28
years at the time of the accident and was survived by his widow, two minor
children and parents who filed the claim petition before the Claims Tribunal.
The deceased was working as a property dealer earning Rs.73,219/- per
annum. The Claims Tribunal added 50% towards his future prospects,
deducted 1/4th towards his personal expenses and applied the multiplier of
17 to compute the loss of dependency as Rs.14,00,324/-. The Claims
Tribunal awarded Rs.1,50,000/- towards loss of love and affection,
Rs.10,000/- towards loss of consortium, Rs.10,000/- towards loss of estate
and Rs.10,000/- towards funeral expenses. Total compensation awarded is
Rs.15,80,324/-.
3. Learned counsel for the appellant urged at the time of the hearing that
the Claims Tribunal has awarded Rs.80,000/- towards litigation cost which
is liable to be set aside in view of the judgment of this Court in the
connected appeal bearing MAC.APP.680/2012 decided on 12th January,
2015.
4. Learned counsel for the respondents submits that in the judgment
dated 12th January, 2015 in MAC.APP.680/2012, this Court while setting
aside the counsel's fee, had enhanced the compensation towards loss of
consortium
5. In view of the judgment dated 12th January, 2015, the counsel fee of
Rs.80,000/- is set aside. However, the compensation for loss of estate is
enhanced from Rs.10,000/- to Rs.50,000/- and compensation of loss of
consortium is enhanced from Rs.10,000/- to Rs.50,000/-.
6. The appeal is partly allowed. However, the compensation of
Rs.15,80,324/- awarded by the Claims Tribunal is upheld.
7. The appellant has deposited 50% of the award amount in terms of the
order dated 8th August, 2012.
8. The appellant is directed to deposit the balance award amount along
with upto date interest with UCO Bank, Delhi High Court Branch by means
of a cheque drawn in the name of UCO Bank A/c Naresh Bala within four
weeks.
9. Upon the aforesaid deposit being made, UCO Bank shall keep the said
amount in fixed deposit in their own name till further order by this Court so
that the amount starts earning interest from the date of the clearance of the
cheque.
10. The appellant shall file the affidavit of compliance of this order within
one week of the deposit. The affidavit shall contain the computation of the
interest on the award amount upto the date of deposit. The appellant shall
send the copy of the affidavit to the respondents.
11. List for disbursement of the award amount on 8th November, 2016.
12. The respondents/claimants shall remain present in Court on the next
date of hearing.
13. The statutory amount be refunded back to the appellant after the
deposit of the balance award amount by the appellant. The Accounts Officer
shall verify the computation of interest before releasing the statutory
amount.
14. Copy of this judgment be given dasti to learned counsels for the
parties under signature of Court Master.
J.R. MIDHA, J.
SEPTEMBER 07, 2016
dk
