The Oriental Insurance Co Ltd vs Sheetal Sahota & Ors
2017 Latest Caselaw 2446 Del

$~10
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
%                           Date of Decision: 16th May, 2017
+      MAC.APP. 798/2014 & CM No.14461/2014
       THE ORIENTAL INSURANCE CO LTD ..... Appellant
                       Through: Mr. A.K. Soni, Adv.
                versus

       SHEETAL SAHOTA & ORS             ..... Respondents
                   Through: Ms. Nusrat Hussain and Mr.
                            Manish Kumar Singh, Advs. for
                            R1 to R4 and R7 to R8.

       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.22,62,520/- has been awarded to respondents No.1 to 6.

2. The accident dated 04th September, 2013 resulted in the death of Sandeep Sahota. The deceased was survived by his widow, three minor children and parents. The deceased was aged 31 years and it was claimed that the deceased was earning Rs.30,000/- at the time of accident. The Claims Tribunal took the minimum wages of Rs.9,386/-, added 50% towards future prospects, deducted 1/4 th towards personal expenses and applied the multiplier of 16 to compute the loss of dependency as Rs.20,27,520/-. The Claims Tribunal awarded Rs.1,00,000/- towards 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 is Rs.22,62,520/- along with interest @ 7.5% per annum.

3. Learned counsel for the appellant urged at the time of hearing that future prospects should not be taken into consideration. It is further submitted that the deceased was working in Noida and, therefore, the minimum wages of Noida be taken into consideration. The appellant has also challenged the rash and negligence of the offending vehicle.

4. The accident in question resulted in death of two persons, Sandeep Sahota and Nitin Karira, and two claim petitions were filed before the Claims Tribunal which resulted in a common award dated 29th May, 2014. The appellant's challenge to the award in favour of the legal representatives of Nitin Karira has been dismissed by this Court vide order dated 03rd September, 2014 in MAC.APP. 795/2014 titled Oriental Insurance Company Limited v. Jaya Karira. The copy of the order dated 03rd September, 2014 has been handed over and taken on record. The aforesaid order dated 03rd September, 2014 has attained finality as the appellant has not raised any challenge of the said judgment. In Oriental Insurance Company Limited v. Jaya Karia dated 03rd September, 2014, this Court has held the offending vehicle to be rash and negligent. This Court further upheld the addition of 50% towards the future prospects. In that view of the matter, the challenge to the award of compensation by the Claims Tribunal has to fail.

5. This Court is of the view that the compensation awarded by the Claims Tribunal is just, fair and reasonable and does not warrant any

interference. The appeal is dismissed. The pending application is disposed of.

6. The appellant has deposited the entire award amount with the Registrar General of this Court out of which 70% amount has been released in terms of the order dated 03rd September, 2014. With respect to the balance 30% amount, Rs.50,000/- has been released vide order dated 05th December, 2016 and the balance amount is lying in the fixed deposit. The Registrar General shall confirm the balance amount with interest as on the next date of hearing.

7. List for disbursement of the balance amount on 11th July, 2017.

8. Respondent No.1 shall remain present in Court on the next date of hearing along with passbooks of savings bank account of respondents no.1 to 4 near the place of her residence as well as PAN car and Aadhar card.

9. Statutory amount be refunded bank to the appellant after verifying that the amount deposited by the appellant covers the interest up to the date of the deposit and no TDS has been deducted. The appellant shall file the computation of interest on affidavit within a period of two weeks from today which shall be verified by the Account Department before refunding back the statutory amount. In the event of any short fall, the said amount shall be adjusted out of the statutory amount and the balance amount be released to the appellant.

10. Copy of this judgment be given dasti to learned counsels for the parties under signature of Court Master.

MAY 16, 2017                                           J.R. MIDHA, J.
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