Delhi High Court
Reliance General Insurance Co ... vs Ram Lal Khangar & Ors on 23 January, 2017
$~162
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 23rd January, 2017
+ MAC.APP. 148/2016
RELIANCE GENERAL INSURANCE CO LTD..... Appellant
Through: Ms. Shanta Devi Raman,
Advocate
versus
RAM LAL KHANGAR & ORS ..... Respondents
Through: Mr. Pratap Singh, Advocate for
respondent No.2
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the award of the Claims Tribunal
whereby compensation of Rs.13,72,260/- has been awarded to
respondents No.1 and 2.
2. The accident dated 01st November, 2013 resulted in the death of
Rajender. The deceased was aged 30 years at the time of the accident
and was survived by his parents who filed the claim petition before the
Claims Tribunal. The deceased was working as a labourer. It was
claimed that the deceased was earning Rs.11,000/- per month. The
Claims Tribunal took minimum wages of Rs.8,086/-, added 50%
towards future prospects, deducted 50% towards his personal expenses
and applied the multiplier of 17 to compute the loss of dependency as
Rs.12,37,260/-. The Claims Tribunal awarded Rs.1 lakh towards loss
of love and affection, Rs.10,000/- towards loss of estate and
Rs.25,000/- towards funeral expenses. The total compensation
awarded is Rs.13,72,260/- along with interest @ 9% per annum and
penal interest @ 12% per annum in the event of delay in payment
beyond 30 days.
3. Learned counsel for the appellant urged at the time of hearing
that the addition of 50% towards future prospects be set aside;
multiplier be applied according to the age of the mother; and the penal
interest of 12% be set aside.
4. This Court is of the view that the addition of 50% towards
inflation by the Claims Tribunal is just, fair and reasonable and does
not warrant any interference. However, there is merit in the
appellant's contention that the multiplier be applied according to the
age of the mother. The multiplier is, therefore, reduced from 17 to 12.
Taking the income of the deceased as Rs.8,086/-, adding 50% towards
inflation, deducting 50% towards personal expenses and applying the
multiplier of 12, the loss of dependency comes to Rs.8,73,360/-.
Adding Rs.1 lakh towards loss of love and affection, Rs.10,000/-
towards loss of estate and Rs.25,000/- towards funeral expenses, the
total compensation is computed as Rs.10,08,360/-. The interest of 9%
is upheld. However, the penal interest of 12% is set aside.
5. The appeal is partially allowed and the compensation amount of
Rs.13,72,260/- is reduced to Rs.10,08,360/- along with interest @ 9%
per annum from the date of filing of the DAR i.e. 11 th December,
2013. The finding of the Claims Tribunal with respect to the recovery
rights granted to the appellant against respondent No.3 is upheld. The
appellant is entitled to recover the award amount from respondent
No.3 in terms of the award of the Claims Tribunal.
6. The appellant has deposited the entire award amount along with
interest with UCO Bank, Patiala House Court, out of which 50%
amount has already been released and the balance amount is lying in
fixed deposit. UCO Bank, Patiala House Court Branch is directed to
send the status report with respect to the balance in the FDR amount.
7. List for disbursement of balance FDR amount on 06 th February,
2017 at 02:30 p.m.
8. The Accounts Officer of this Court shall calculate the amount to
which the legal representatives of deceased are entitled in terms of this
judgment.
9. Respondent No.2 shall remain present in Court on the next date
of hearing with the passbook of her savings bank account near the
place of her residence.
10. Copy of this judgment be given dasti to counsels for the parties
under signatures of the Court Master.
JANUARY 23, 2017 J.R. MIDHA, J.
Rsk
