Delhi High Court
Shri Ram General Insurance Co. ... vs Laxman Dass Goel & Ors. on 9 November, 2017
$~9
IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 9th November, 2017
+ MAC.APP. 297/2016
SHRI RAM GENERAL INSURANCE CO. LTD..... Appellant
Through: Mr. Sameer Nandwani, Adv.
versus
LAXMAN DASS GOEL & ORS. ..... Respondents
Through: Mr. S.N. Parashar, Adv. for
claimant.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. Monika @ Soni (a bachelor) who was earning her livelihood as a
teacher, died in a motor vehicular accident that had occurred on
21.12.2010, involving negligent driving of tanker bearing registration
no.HR 55 2626, admittedly insured against third party risk with the
appellant (insurer). Nine claim cases arose out of the same accident.
The tribunal clubbed all the said cases and decided them by common
judgment dated 22.12.2015. In the claim case (53/11) on account of
death of Monika @Soni, the tribunal awarded total compensation of Rs.
12,96,372/-, in favour of the claimant and fastened the liability to pay
with interest on the insurer though granting it recovery rights against the
third respondent (the registered owner of the vehicle).
2. The insurer presses the appeal at hand only to question the non-
pecuniary damages which have been included in the award in the sum of
Rs. 1,00,000/- towards loss of love & affection, Rs. 10,000/- for loss of
estate and Rs. 25,000/- for funeral expenses placing reliance on judgment
of a 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 learned counsel for the claimants fairly concedes that the
non-pecuniary damages will have to be in accord with the dispensation in
Pranay Sethi (supra). Thus, instead of above-mentioned awards, Rs.
15,000/- each towards loss to estate and funeral expenses are added. This
would result in reduction of the award by (135000 - 30000)
Rs.1,05,000/-. The award in favour of first respondent is, therefore,
reduced to (12,96,372 - 1,05,000), Rs. 11,91,372/-, rounded off to Rs.
11,92,000/- (Rupees Eleven Lakhs Ninety Two Thousand Only). It shall
carry interest as levied by the tribunal.
3. By order dated 07.04.2016, the insurer had been directed to
deposit the entire awarded amount with upto date interest with the
tribunal within thirty days and out of such deposit 50% was permitted to
be released to the claimants. The balance was directed to be put in
interest bearing fixed deposit account for a period of one year with
provision for auto renewal. The tribunal shall calculate the amount
payable to the claimants in terms of the modification ordered above, and
release the same to the claimant from the amount deposited, refunding
the excess, if any, to the insurance company.
4. The statutory amount shall be refunded.
5. The appeal is disposed of in above terms.
6. This judgment does not disturb the recovery rights granted to the
insurer.
R.K.GAUBA, J.
NOVEMBER09, 2017
nk
