Delhi High Court
The New India Assurance Co. Ltd. vs Smt. Amna Khatoon & Ors. on 27 July, 2017
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 27th July, 2017
+ MAC APPEAL No. 396/2017
THE NEW INDIA ASSURANCE CO. LTD. ..... Appellant
Through: Mr. J.P. N. Shahi, Adv.
versus
SMT. AMNA KHATOON & ORS. ..... Respondents
Through: Mr. Shekhar Aggarwal &
Mr. Suresh Kumar, Adv. for R-
1.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. Azmat @ Arsad died in motor vehicular accident that occurred
on 20.03.2014 statedly due to negligent driving of motor vehicle no.
RJ 32 GA 4072, which was admittedly insured against third party risk
with the appellant insurance company (insurer). His widow and other
members of the family dependent upon him instituted accident claim
case (MACP 208/2014) impleading the driver, owner and insurer of
the vehicle as respondents. The tribunal, after inquiry, by judgment
dated 23.02.2017, upheld the case of claim for compensation on the
principle of fault liability and awarded compensation in the sum of Rs.
13,41,610/- with interest @ 10% per annum directing the insurance
company to pay.
2. The insurer has come in appeal pressing it on two contentions.
The first submission is that there was contributory negligence by
driver of another vehicle it being Tata 407 bearing registration no. HR
55K 4728 in which the deceased was travelling as a helper. This
contention must be rejected for the simple reason it was not raised as a
defence before the tribunal, nor any effort made to bring in the driver
or owner or insurer of the other vehicle as party respondents. Further,
even if the plea were to be accepted, it would only mean a case of
composite negligence. The claim of the third parties cannot be
affected on such plea.
3. The second contention of the insurer is that the rate of interest
levied at 10% is excessive. This must be accepted. Following the
consistent view of this Court wherein interest at 9% per annum has
been awarded (see judgment dated 22.02.2016 in MAC.APP.
165/2011 Oriental Insurance Co Ltd v. Sangeeta Devi & Ors.].
4. The claimants have also filed cross-objections (CM No.
26434/2017). The learned counsel representing the claimants pressing
the cross-objections pointed out that the award under the non-
pecuniary heads of damages is not in sync with the awards which are
made in the context of accidents of 2014 vintage.
5. Indeed, there is deficiency in the award of non-pecuniary
damages in the sum of Rs. 1 lakh each towards loss of consortium and
loss of love and affection and Rs. 25,000/- towards loss of estate and
funeral expenses. Following the view taken in
MAC.APP.No.160/2015 Shriram General Insurance Co Ltd v. Usha,
decided by this court on 05.05.2016, non-pecuniary damages in the
sum of Rs. 1,50,000/- each towards loss of love & affection and
towards loss of consortium and Rs.50,000/- each towards loss of
estate and funeral expenses are added.
6. Thus, there would be net increase of Rs. 1,50,000/-. Ordered
accordingly. Needless to add the entire award including the enhanced
portion with interest @ 9% per annum from the date of filing of the
petition till realization shall entirely fall to the share of the first
claimant Amna Khatoon (wife).
7. The entire awarded amount has already been deposited with
corresponding interest with the tribunal which shall now be released to
the claimants in terms of the impugned judgment.
8. The insurance company shall deposit the balance, if any, in
terms of the modification ordered above with the tribunal within 30
days of today, making it available to be released.
R.K.GAUBA, J.
JULY 27, 2017
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