Delhi High Court
United India Insurance Co. Ltd. vs Lajwanti & Ors. on 10 April, 2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: April 10, 2017
+ MAC.APP. 339/2017 & C.M. 13274-75/2017
UNITED INDIA INSURANCE CO LTD. ..... Appellant
Through: Mr. Amit Gaur & Mr. Pradeeep
Gaur, Advocates
Versus
LAJWANTI DEVI & ORS. ..... Respondents
Through: Nemo.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
% ORAL
1. Impugned Award of 31st January, 2017, grants compensation of
`14,34,862/- with interest @9% p.a. on account of death of one Nanu,
aged 28 years, in a road accident on 17th December, 2012.
2. Since the limited challenge to the impugned Award by learned
counsel for appellant is on the sole ground that the compensation under
the non-pecuniary heads granted by learned Motor Accident Claims
Tribunal (hereinafter referred to as the "Tribunal") is on the higher side,
therefore, facts as enumerated in the impugned Award, need no
reproduction. Suffice to note that deceased was doing business of
footwear in the name and style of Gauri Footwear at D-208, Shop No.3,
Cinema Plot, Lal Quarter, Krishna Nagar, Delhi and according to
evidence of his wife, the deceased was earning `30,000/- p.m. However,
learned Tribunal has assessed income of deceased on minimum wages of
unskilled workman, as documentary proof regarding income of deceased
or his educational qualification was not forthcoming.
3. Learned counsel for appellant submits that reliance placed upon
Supreme Court's decision in Kala Devi & ors. Vs. Bhagwan Das
Chauhan & ors. (2015) 2 SCC 771 by the Tribunal while granting
compensation of `1,00,000/- under the head "loss of estate" is
unjustified, as in view of Supreme Court's decision in Shashikala & ors.
Vs. Gangalakshmamma & anr. 2015 9 SCC 150 and Rajesh and Others
v. Rajbir Singh and Others, (2013) 9 SCC 54, compensation awarded
under this head ought to be `10,000/- and not more.
4. Upon hearing and on perusal of impugned Award, I find that
reliance placed upon Supreme Court's decisions in Shashikala (supra)
and Rajesh (Supra) by appellant's counsel is misplaced as in Shashikala
(supra), the deceased aged was aged 45 years and compensation of
`25,000/- was awarded whereas in Rajesh (Supra), no compensation at all
was awarded under the head "loss of estate". In the instant case, the
deceased was aged 28 years and so, the Tribunal has rightly relied upon
Supreme Court's decision in Kala Devi (supra) to grant compensation of
`1,00,000/- under this head.
5. In view of aforesaid, this Court finds that no ground to reduce the
quantum of compensation granted under the non-pecuniary head is made
out. Appellant is granted four weeks time to deposit the awarded amount
with interest @9% p.a. from the date of filing of the claim petition till the
date of deposit with learned Tribunal, failing which the impugned Award
be executed against appellant.
6. Statutory deposit, if any, be refunded to Insurer as per Rules.
7. With aforesaid directions, this appeal and applications are disposed
of.
(SUNIL GAUR)
JUDGE
APRIL 10, 2017
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