Delhi High Court
National Insurance Co Ltd vs Rama Devi & Ors on 2 November, 2017
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 2nd November, 2017
+ MAC.APP. 1006/2015 & CM No. 31940/2015
NATIONAL INSURANCE CO LTD ..... Appellant
Through: Ms. Rakhi Dubey, Adv.
versus
RAMA DEVI & ORS ..... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. On the accident claim case (suit no. 79/2015) instituted by first
to fourth respondents (collectively, the claimants), the tribunal, by
judgment dated 04.11.2015, awarded compensation in the total sum of
Rs. 22,16,044/- on account of death of Raju in a motor vehicular
accident which occurred on 13.12.2014 due to the negligent driving of
a motor vehicle which was insured with the appellant (insurer) for the
period in question against third party risk. The tribunal directed the
tribunal to pay the said amount with interest at 9% per annum, it
including loss of dependency at Rs. 19,81,044/-, the income of the
deceased having been assessed primarily as Rs.8632/- on the basis of
minimum wages on which the element of future prospects to the
extent of 50%, was added.
2. Placing reliance on the judgment of the Constitution Bench of
the Supreme Court rendered on 31.10.2017 in SLP (C) 25590/2014,
National Insurance Company Ltd. Vs. Pranay Sethi and Ors., the
appellant submits that the element of future prospects in the present
case could not have been more than 40% since the deceased was self-
employed. It is also submitted that the non-pecuniary damages
awarded by the tribunal in the sum of Rs.10,000/- towards loss
to estate, Rs.1,00,000/- towards loss of consortium and Rs.25,000/-
towards funeral expenses need to be revised to Rs.15,000/-,
Rs.40,000/- and Rs.15,000/- respectively in terms of the judgment in
Pranay Sethi (supra).
3. Inspite of due service, there is no appearance on behalf of the
claimants at the time of hearing.
4. Both the submissions of the insurer to above effect deserve to
be accepted. The loss of dependency is re-calculated as (Rs.8,632/- x
140/100 x 3/4 x 12 x 17) Rs. 18,48,974/-. The tribunal had awarded
Rs. 19,81,044 under this head. Thus, the compensation would stand
reduced by (19,81,044-18,48,974) Rs. 1,32,070/- (Rupees One lakh
thirty two thousand and seventy only).
5. Similarly, the modification in the above mentioned non-
pecuniary heads of damages would result in reduction by Rs.
(Rs.1,35,000/- (-) Rs.70,000/-) Rs. 65,000/- (Rupees Sixty five
thousand only). Thus, the award needs to be reduced by
(Rs.1,32,070/- + Rs.65,000/-) Rs. 1,97,070/- (Rupees One lakh ninety
seven thousand and seventy only).
6. The total award is, therefore, reduced to (Rs.22,16,044/- (-)
Rs.1,97,070) Rs. 20,18,974/- rounded off to Rs. 20,19,000/- (Rupees
Twenty lakh and nineteen thousand only). It shall carry interest as
levied by the tribunal.
7. By order dated 21.12.2015, the insurance company had been
directed to deposit awarded amount with the Registrar General. Fifty
percent (50%) of the awarded amount was permitted to be released to
the claimants. The Registry shall now release the balance payable to
the claimant in terms of modified award refunding the excess in
deposit to the insurance company.
8. The statutory amount shall be refunded to the insurance
company.
9. The appeal and the pending application are disposed off in
above terms.
R.K.GAUBA, J.
NOVEMBER 2, 2017
umang
