Delhi High Court
The New India Assurance Company ... vs Om Prakash & Ors. on 11 December, 2017
$~R-692 & 693
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 11th December, 2017
+ MAC APPEAL 1279/2012 and CM 20950/2012
THE NEW INDIA ASSURANCE COMPANY
LTD. ..... Appellant
Through: Mr. J.P.N. Shahi, Advocate
versus
OM PRAKASH & ORS. ..... Respondents
Through: Mr. Navneet Goyal, Adv. for R-
1&2
+ MAC APPEAL 202/2016
OM PRAKASH & ANR. ..... Appellant
Through: Mr. Navneet Goyal, Advocate
versus
THE NEW INDIA ASSURANCE COMPANY
LTD. & ORS. ..... Respondents
Through: Mr. J.P.N. Shahi, Adv. for R-1
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. Rakesh, aged 24 years, a bachelor suffered injuries in a motor
vehicular accident that occurred on 28.06.2017 due to the negligent
driving of a tanker bearing registration no.HR-37A-4035 and died in
the consequence. His parents (claimants) instituted accident claim
case (MACT 694/2007) on 09.08.2007 seeking compensation.
2. The Motor Accident Claims Tribunal (Tribunal), after inquiry,
by judgment dated 05.10.2012, awarded compensation in the sum of
Rs.5,95,152/- directing New India Assurance Company Ltd. (insurer)
to pay, it admittedly being the insurer against third party risk for the
period in question in respect of the offending vehicle adding the
liability of interest at the rate of 7.5% p.a., the amount being inclusive
of Rs.5,50,152/- towards loss of dependency, Rs.25,000/- for loss of
love and affection, and Rs.10,000/- each for funeral expenses and loss
to estate.
3. The insurer had come up with appeal (MACA 1279/2012)
questioning the calculation of compensation primarily pressing it on
the ground of grant of future prospects of increase. Per contra, the
claimants by their appeal (MACA 202/2016) seek enhanced
compensation on the ground the award is inadequate.
4. The claimants had not been able to strictly prove the earnings of
the deceased, which was assumed notionally with the help of
minimum wages (Rs.3,9,18/- p.m.). In these circumstances, the
element of future prospects of increase was correctly added, though it
should have been to the extent of 40%. [see judgment of the
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.
5. The loss of dependency is thus re-computed as [Rs.3,918/- x
140/100 / 2 x 12 x 18] Rs.5,92,401.60, rounded off to Rs.5,93,000/-.
The non-pecuniary awards will also have to be brought in sync with
the dispensation in Pranay Sethi (supra). Thus, in lieu of the awards
granted by the tribunal, Rs.15,000/- each towards loss to estate and
funeral expenses are added, raising the compensation to [Rs.5,93,000/-
+ Rs.15,000/- + Rs.15,000/-] Rs.6,23,000/- (Rupees Six Lakh and
twenty three thousand only). The award is modified accordingly.
6. Following the consistent view taken by this Court, the rate of
interest is increased to 9% per annum from the date of filing of the
petition till realization. [see judgment dated 22.02.2016 in MAC.APP.
165/2011 Oriental Insurance Co Ltd v. Sangeeta Devi & Ors.]
7. The tribunal had specified the amounts payable to the claimants
which is modified. It is directed that 10% of the awarded amount
would be released to the first claimant while the balance shall go the
second claimant.
8. By order dated 17.12.2012 on MACA 1279/2012, the insurance
company was directed to deposit 60% of the awarded amount with up-
to-date proportionate interest which was permitted to be released to
the claimants. The insurance company will now deposit the balance of
its liability in terms of the modified award within 30 days with the
tribunal, making it available to be released to the claimant.
9. The statutory amount deposited by the insurer will be refunded
after proof is shown of the award having been satisfied.
10. Both the appeals and the pending application are disposed of in
above terms.
R.K.GAUBA, J.
DECEMBER 11, 2017/yg
