The Oriental Insurance Co Ltd vs Najamum Khatun & Ors
2017 Latest Caselaw 3088 Del

Citation : 2017 Latest Caselaw 3088 Del
Judgement Date : 6 July, 2017

Delhi High Court

The Oriental Insurance Co Ltd vs Najamum Khatun & Ors on 6 July, 2017

$~19
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                           Decided on: 6th July, 2017

+      MAC.APP. 211/2017 and CM APPL.9037/2017 (stay)
       THE ORIENTAL INSURANCE CO LTD ..... Appellant
                     Through: Mr.J.P.N. Shahai, Advocate

                          versus

    NAJAMUM KHATUN & ORS               ..... Respondents
                  Through: Mr. S.N. Parashar, Advocate for
                           R-1 to R-3.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA

                      JUDGMENT (ORAL)

1. Mohd. Israfil @ Shakeel earning his livelihood as driver of a three wheeler scooter (TSR) died on account of injuries suffered in an accident that occurred on 14.04.2013. On the claim petition (MACT New No.14679/2015), his legal heirs (first to third respondents) have been awarded compensation on affirmation of the fact that the death occurred due to rash driving of the truck bearing registration No.UP- 17T-3859 which concededly was insured against the third party risk with the appellant insurance company.

2. The award of the Motor Accident Claims Tribunal (the tribunal) by judgment dated 03.01.2017 is assailed by the insurer on the grounds that the calculation of the Tribunal about the income of the

deceased was incorrect and that non-pecuniary damages have been awarded on the higher side.

3. It is noted that the Tribunal has given detailed and sufficient reasons for reaching the conclusion that the income of the deceased would have been about Rs.17,000/- per month. After all, he was paying Rs.6050/- per month as refund of the loan taken out for finance of the TSR, which he was driving and, therefore, could not have been assumed to be earning minimum wages which would be a meager sum and impossible to sustain with. The conclusion reached by the Tribunal on the subject does not call for interference.

4. Having regard to the date of the accident (14.04.2013), the award of non-pecuniary damages in the total sum of Rs.3,25,000/- cannot be said to be excessive.

5. The appeal is devoid of substance and is dismissed.

6. The statutory amount shall be refunded to the appellant.

7. The amount deposited with the Tribunal shall now be released to the claimants in terms of the award.

R.K.GAUBA, J.

JULY 06, 2017 vk