Reliance General Insurance Co Ltd vs Gaura Devi & Ors
2017 Latest Caselaw 3781 Del

$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                  Date of Decision:31st July, 2017

+     MAC.APP. 483/2015
      RELIANCE GENERAL INSURANCE CO LTD ..... Appellant
                   Through: Mr. A.K. Soni and Mr. Pavan Kumar,
                            Advs.
                   versus
      GAURA DEVI & ORS                                ..... Respondents
                   Through:          Mr. R.K. Upadhyay and Mr. Rajiv
                                     Ranjn Mishra, Advs.
      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.6,34,104/- has been awarded.

2. The accident dated 31st December, 2011 resulted in the death of Hemant who was travelling in a Swift car bearing No. DL 8CW 3278 which met with an accident on 31st December, 2011. The deceased was survived by his grand-mother and two brothers who filed the application for compensation before the Claims Tribunal.

3. The Claims Tribunal took the income of the deceased as Rs.6,656/-, deducted 50% towards his personal expenses and applied the multiplier of 14 to compute the loss of dependency as Rs.5,59,104/-. The Claims Tribunal awarded Rs.50,000/- towards the loss of love and affection and Rs.25,000/- towards funeral expenses. The total compensation awarded by the Claims Tribunal is Rs.6,34,104/-.

4. Learned counsel for the appellant urged at the time of hearing that the claimant were not dependent upon the deceased and, therefore, the respondents are not entitled to the loss of dependency. It is further submitted that the respondent would be entitled only to the loss of estate.

5. Learned counsel for the respondents submits that the deceased was aged 21 years and income of the deceased be taken at Rs.8,000/- per month.

6. There is merit in the contention of learned counsel for the appellant. However, the reduction is not warranted considering that the effect of taking income of Rs.8,000/- would neutralize the reduction on account of awarding 1/3 towards loss of estate instead of 1/2 towards loss of dependency.

7. The appeal is dismissed.

8. List for disbursement of the award amount on 07th September, 2017.

9. The respondents shall remain present in Court on the next date of hearing along with the passbook of their savings bank account as well as PAN and Aadhar card.

10. The statutory amount be refunded back to the appellant.

11. Copy of this judgment be given dasti to counsel for the parties under the signature of the Court Master.

JULY 31, 2017                                           J.R. MIDHA, J.
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