Delhi High Court
United India Insurance Company ... vs Mamta & Ors on 1 December, 2017
$~R-611
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 01st December, 2017
+ MAC APPEAL 1067/2012
UNITED INDIA INSURANCE COMPANY LTD. ... Appellant
Through: Mr. P. Acharya for Mr. K.L.
Nandwani, Advocate
versus
MAMTA & ORS ..... Respondents
Through: None
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. By judgment dated 21.05.2012, the Motor Accident Claims
Tribunal (Tribunal) decided accident claim case (MACT 1225/10) of
first to fifth respondents (collectively, the claimants) and granted
compensation in the sum of Rs.7,17,500/-, on account of death of
Praveen Singh Khatri in a motor vehicular accident that had occurred
on 03.09.2009 involving negligent driving of a motor vehicle
described as Tata Sumo bearing registration no.HR-55H-0499, the
liability being placed on the appellant (insurer), it having issued an
insurance policy covering third party risk in respect of the said
vehicle. It may be added that the claimant petition was pressed under
Section 163 A of the Motor Vehicles Act, 1988 and the award
included Rs.2,500/- towards funeral charges, besides Rs.25,000/- for
loss of estate and Rs.50,000/- towards loss of consortium.
2. It is the said non-pecuniary damages which are questioned by
the appeal at hand, exception also being taken to the direction to pay
Rs.30,000/- as lawyers fee and Rs.5,000/- as out of pocket expenses.
3. The claimants have not appeared at the stage of final hearing.
4. Following the dispensation of a Constitution Bench of the
Supreme Court, rendered on 31.10.2017 in SLP (C) 25590/2014,
National Insurance Company Ltd. Vs. Pranay Sethi and Ors.,
Rs.40,000/- towards loss of consortium and Rs.15,000/- each for loss
to estate and funeral expenses, are added in lieu of the non-pecuniary
damages awarded by the tribunal. This would mean reduction in the
award by Rs.7,500/-. The award is, thus, reduced to [Rs.7,17,500/- (-)
Rs.7,500/-] Rs.7,10,000/-, (Rupees Seven Lakh and ten thousand
only). It shall carry interest as levied by the tribunal.
5. There being no justification for such inclusion, the directions
for payment of counsel's fee and out of pocket expenses are set aside.
6. By order dated 27.09.2012, the insurance company had been
directed to deposit fifty percent (50%) of the award amount with
proportionate interest with the Registrar General and by order dated
11.02.2016, the deposited amount was released to the claimants. The
insurance company is directed to satisfy the award by requisite deposit
of the balance with the tribunal within 30 days making it available to
be released to the claimants.
7. The statutory amount shall be refunded to the insurer after proof
is shown of the award having been satisfied.
8. The appeal is disposed of in above terms.
R.K.GAUBA, J.
DECEMBER 01, 2017
yg
