Delhi High Court
Oriental Insurance Company ... vs Lata & Ors. on 4 December, 2017
$~R-635
IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 4th December, 2017
+ MAC APPEAL No.1133/2012 & CM APPL.18243/2012
ORIENTAL INSURANCE COMPANY LIMITED
... Appellant
Through: Mr. Pradeep Gaur, Advocate
versus
LATA & ORS. ..... Respondents
Through: Nemo.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. Ram Avtar, aged 47 years, earning his livelihood as a fruit
vendor, suffered injuries in a motor vehicular accident that had
occurred on 21.01.2009, due to negligent driving of motor vehicle
described as bus bearing registration No.DL-1PB-4792 and died in
the consequence, the said vehicle admittedly having been insured
against third party risk with the appellant (insurer) for the period in
question. On accident claim case (MACT No.812/10), instituted by
his wife and three other family members dependent upon him, they
being first to fourth respondents (collectively, the claimants), the
tribunal held inquiry and, by judgment dated 29.08.2012, awarded
compensation in the total sum of Rs.10,35,184/-, fastening the
liability to pay with interest @ 9% per annum on the insurer.
2. The insurer presses the appeal challenging the said award on the
ground that the future prospects which have been added to the extent
of 30% over and above the minimum wages of Rs.3683/- as the
bench mark, should have been reduced to 25% in view of the ruling
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. and that, for the same reason, non-
pecuniary heads of damages in the sum of Rs.50,000/- for loss of
consortium, Rs.25,000/- for funeral charges, Rs.1,00,000/- towards
loss of estate, Rs.2,00,000/- for loss of company, love and affection
and Rs.1,00,000/- for loss of care, attention and expenses be set aside
and reduced.
3. The appeal was put in the list of 'Regulars' by order dated
08.02.2016, and on being taken up at its own turn, there is no
appearance for the respondents. Learned counsel for the insurer has
been heard and record perused.
4. The submission of the insurer to above effect must be accepted
in view of the ruling in Pranay Sethi (supra). Thus, the loss of
dependency is re-computed as (3683/- x 125/100 x 3/4 x 12 x 13)
Rs.5,38,638.75/- rounded off to Rs.5,39,000/- (Rupees Five Lacs
Thirty Nine Thousand Only).
5. The awards under the non-pecuniary heads of damages have to
be brought in sync with dispensation in Pranay Sethi (supra). In lieu
of non-pecuniary damages awarded by the tribunal, Rs.40,000/-
towards loss of consortium and Rs.15,000/- each towards loss of
estate and funeral expenses are added. Thus, the total compensation is
computed as (5,39,000/- + 40,000/- + 15,000/- + 15,000/- )
Rs.6,09,000/- (Rupees Six Lacs Nine Thousand Only).
6. The award is modified accordingly. It shall carry interest as
levied by the tribunal.
7. By order dated 19.10.2012, the insurer was directed to deposit
fifty percent (50%) of the awarded amount along with interest with
the tribunal and upon such deposit the same was ordered to be
released to the claimants.
8. The insurer is directed to satisfy the award, as modified above,
by requisite deposit with upto date interest with the tribunal within 30
days, making it available to be released to the claimants, in terms of
the impugned award.
9. The statutory amount shall be refunded to the appellant, after
the proof of award having been satisfied is shown.
10. The appeal along with pending application stands disposed of in
above terms.
R.K.GAUBA, J.
DECEMBER 04, 2017
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