Delhi High Court
Shri Ram General Insurance Co. ... vs Poonam & Ors. on 9 November, 2017
$~8
IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 9th November, 2017
+ MAC.APP. 292/2016
SHRI RAM GENERAL INSURANCE CO. LTD.
..... Appellant
Through: Mr. Sameer Nandwani, Adv.
Versus
POONAM & ORS. ..... Respondents
Through: Mr. S.N. Parashar, Adv. for
claimants.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. By judgment dated 22.12.2015, nine claim cases were decided
arising out of the same accident by the tribunal. On the claim case
(MACT 52/2011) of the first to sixth respondents (collectively, the
claimants), it awarded an amount of Rs. 16,93,795/- as compensation
on account of death of Tarash Kumar @ Vipin Kumar in motor
vehicular accident that took place on 21.12.2010, due to negligent
driving of tanker bearing registration no. HR 55 2626, admittedly
insured against third party risk with the appellant (insurer). The
liability to pay the said amount has been fastened on the insurer
though its plea of breach of terms and conditions of the insurance
policy having been accepted, it has been granted recovery rights
against the owner of the said vehicle (eighth respondent).
2. The only ground pressed at the hearing relates to inclusion of
non-pecuniary damages in the total sum of Rs. 6,25,000/-, it inclusive
of Rs. 4,00,000/- towards loss of love & affection, Rs.1,00,000/- each
towards loss of consortium and loss of estate and Rs. 25,000/- on
account of funeral expenses. Reliance is placed on decision dated
31.10.2017 of a Constitution Bench of the Supreme Court in SLP (C)
25590/2014, National Insurance Company Ltd. Vs. Pranay Sethi and
Ors.
3. The learned counsel for the claimants fairly concedes that in
view of the dispensation in Pranay Sethi (supra), the amounts of non-
pecuniary damages awarded by the tribunal cannot be sustained.
Instead of the amounts granted by the tribunal as above Rs. 40,000/-
towards loss of consortium and Rs. 15,000/- each towards loss of
estate and funeral expenses are added. Thus, the compensation is to
be reduced by (6,25,000 - 70,000), Rs. 5,55,000/-.
4. The compensation in favour of the claimants is consequently
reduced to (16,93,795- 5,55,000) Rs. 11,38,795/- rounded off to
Rs.11,39,000/- (Rupees Eleven Lakh Thirty Nine Thousand Only).
The award is modified accordingly. It shall carry interest as levied by
the tribunal.
5. 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 was directed to be put in interest
bearing fixed deposit account for a period of one year with provision
for auto renewal and from out of such deposit, 50% was permitted to
be released to the claimants. The tribunal shall calculate the balance
amount payable to the claimants in terms of the modification ordered
above, and release the same to the claimants from the amount
deposited, refunding the excess, if any, to the insurance company.
6. The statutory amount shall be refunded.
7. The appeal is disposed of in above terms.
8. This judgment does not disturb the recovery rights granted to
the insurer.
R.K.GAUBA, J.
NOVEMBER 09, 2017
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