Delhi High Court
Hitesh & Ors. vs S.N. Mishra & Ors. on 21 July, 2017
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 21st July, 2017
+ MAC.APP. 163/2008
HITESH & ORS. ..... Appellants
Through: Mr. Navneet Goyal, Advocate
with appellant no.2 in person.
versus
S.N. MISHRA & ORS. ..... Respondents
Through: Mr. Ram. N. Sharma, Advocate
for R-3 along with Shri Alok Srivastava,
Regional Manager.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. The appeal was admitted and directed to be shown in the list of
'REGULARS' by order dated 28.07.2008. Previous proceedings
would show that when the appeal was taken up there was no
appearance including on the part of the respondents. Against the said
backdrop and, by order dated 17.07.2017, costs of Rs.10,000/- was
imposed against the third respondent. Having regard to the general
neglect on the part of the insurance company, the General Manager of
the Insurance company was called by notice to appear and explain. In
response, Mr. Alok Srivastava, Regional Manager has appeared with
counsel today, both regretting previous defaults, assuring that there
would be no such lapse in future.
2. In view of the assurance held out, which this court hopes will be
abided by in future, the cost imposed by order dated 17.07.2017 is
waived.
3. Dr. Rekha, wife of the second appellant and mother of the first
appellant, the third appellant being her mother-in-law, died as a result
of the injuries suffered in a motor vehicular accident that occurred on
21.09.2003 involving negligent driving of truck bearing registration
no.HR-46A-4112, it admittedly being insured against third party risk
with the third respondent. On the claim petition of the appellants (CS
No.04/04), instituted on 09.01.2004, the tribunal, by its judgment
dated 22.10.2007, awarded compensation in the total sum of Rs.8 lacs,
this inclusive of Rs.7,77,600/- towards loss of dependency and
Rs.22,400/- it being composite award for loss of consortium, love and
affection and expenses for last rites. The insurance company was
burdened with the liability to pay.
4. The present appeal was filed for enhancement and is pressed at
the hearing restricted to the award under the non-pecuniary heads of
damages on account of loss of love and affection, loss of consortium,
loss to estate and funeral expenses.
5. Having heard the learned counsel on both sides, this court finds
the award under above mentioned heads as granted by the tribunal to
be grossly inadequate. Having regard to the date of the accident,
following the rulings in Rajesh & Ors. v. Rajbir Singh & Ors., (2013)
9 SCC 54 and Shashikala v. Gangalakshmamma (2015) 9 SCC 150,
award of Rs.1 lac each on account of loss of love and affection and
loss of consortium and Rs.25,000/- each towards loss to estate and
funeral expenses are granted instead of composite sum mentioned
above.
6. In this view, the total compensation will come to (7,77,600/- +
1,00,000/- + 1,00,000/- + 25,000/- + 25,000/-) Rs.10,27,600/-,
rounded off to Rs.10,28,000/-. Thus, there would be a net increase of
Rs.2,28,000/-.
7. Having regard to the facts and circumstances, and the time that
has passed by, the entire enhanced portion shall be payable to the
second appellant (the husband). Having regard to the time lapsed, it is
directed that the enhanced portion of the award shall carry interest @
9% per annum.
8. The insurance company, (the third respondent) shall satisfy the
enhanced award by requisite deposit with the tribunal within thirty
days making it available to be released to the claimant as directed.
9. The appeal is allowed in above terms.
R.K.GAUBA, J.
JULY 21, 2017
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