Delhi High Court
Reliance General Insurance Co Ltd vs Manju Devi & Ors on 31 July, 2017
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision:31st July, 2017
+ MAC.APP. 484/2015
RELIANCE GENERAL INSURANCE CO LTD ..... Appellant
Through: Mr. A.K. Soni and Mr. Pavan Kumar,
Advs.
versus
MANJU 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.24,44,980/- has been awarded to respondents
No.1 to 5.
2. On 31st December, 2011 at about 11:00 pm, Mahender Aggarwal was
driving Swift car bearing No. DL 8CW 3278, when he was hit by a truck
bearing No. RJ 21GA 0853 from behind at Govindgarh which resulted in
fatal injuries to Mahender Aggarwal and death of two occupants of the car,
namely Abhishek and Hemant. Three separate claim petitions were filed by
the legal representatives of Mahender Aggarwal, Abhishek and Hemant
which resulted in a common award.
3. Mahender Aggarwal was aged 30 years at the time of accident and
was survived by his widow, two minor sons and parents who filed the
application for compensation before the Claims Tribunal. The deceased was
owner/proprietor of the factory at H1/5-6-7, Mangol Puri, Delhi and was
assessed to Income Tax. The respondent examined the Inspector from the
Income Tax Department as PW-2 who proved the Income Tax returns of the
deceased for the year 2010-11 and 2011-12. The Claims Tribunal took the
income of the deceased as per the Income Tax returns as Rs.1,84,165/- per
year. The Claims Tribunal deducted 1/4 towards the personal expenses of
the deceased and applied the multiplier of 16 to compute the loss of
dependency as Rs.22,89,980/-. The Claims Tribunal awarded Rs.1,00,000/-
towards the loss of love and affection, Rs.1,00,000/- towards loss of
consortium, Rs.10,000/- towards loss of estate and Rs.25,000/- towards
funeral expenses. The total compensation awarded by the Claims Tribunal is
Rs.24,44,980/-.
4. Learned counsel for the appellant urged at the time of hearing that the
Claims Tribunal has taken a contributory negligence of the deceased as 30%
whereas the deceased was negligent to the extent of 50%.
5. Learned counsel for the respondent submits that the Claims Tribunal
has not awarded the future prospects. It is further submitted that the
deceased was aged 30 years and 50% of the income be added towards future
prospects of the deceased.
6. There is merit in the contentions urged by the learned counsel for both
the parties. However, no deduction is warranted in the facts and
circumstances of this case considering that the addition of the future
prospects would neutralize the reduction due to increase in the contributory
negligence of the deceased.
7. The appeal is dismissed.
8. The appellant has deposited entire award amount with UCO Bank,
Delhi High Court Branch.
9. List for disbursement of the award amount on 07th September, 2017.
10. The respondents shall remain present in Court on the next date of
hearing along with the passbooks of their savings bank account as well as
PAN and Aadhar cards.
11. The statutory amount be refunded back to the appellant.
12. 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.
ak
