Delhi High Court
Reliance General Insurance Co. ... vs Janki Devi & Ors on 10 November, 2017
$~R-467
IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 10th November, 2017
+ MAC Appeal No. 261/2012
RELIANCE GENERAL INSURANCE CO. LTD...... Appellant
Through: Mr. Siddharth Yadav for Mr.
Arun Yadav, Adv.
versus
JANKI DEVI & ORS .....Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. Raj Kumar Mishra, aged 34 years old, suffered injuries in motor
vehicular accident that occurred on 20.08.2011 due to negligent
driving of Scorpio Car bearing registration no. DL 4C NB 3280 and
died in the consequence. His wife and other members of the family
dependent on him, they being first to third respondents (collectively,
the claimants), instituted accident claim case (suit no. 445/11) on
19.09.2011, seeking compensation impleading, besides the driver and
owner of the car, its insurer (the appellant). After inquiry, by
judgment dated 02.112011, the tribunal awarded compensation in the
sum of Rs. 15,52,592/- and directed the insurer to pay with interest @
7.5%, the said amount inclusive of Rs. 15,02,592/- towards loss of
dependency, besides Rs. 10,000/- each on account of loss of
consortium and loss to estate, Rs. 25,000/- towards loss of love &
affection and Rs. 5,000/- as funeral expenses.
2. The appeal was filed by the insurer questioning the calculation
of compensation, particularly the element of future prospects of
increase in income to the extent of 50%.
3. The tribunal noted that the claimants had not proved the regular
earnings of the deceased and adopted the minimum wages of a
matriculate (Rs. 7,826/-) as the benchmark. Following the ruling 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 element of future prospects will have to be
restricted to 40%. Thus, the loss of dependency is recalculated as
(7826 x 140 ÷ 100 x 2 ÷ 3 x 12 x 16) Rs. 14,02,419.20, rounded off to
Rs. 14,03,000/-.
4. In view of the ruling in Pranay Sethi (supra), the non-pecuniary
heads of damages are also revised, and amounts of Rs.15,000/- each
towards loss to estate and funeral expenses and Rs. 40,000/- on
account of loss of consortium are added. Thus, the total compensation
in the case comes to (14,03,000 + 15,000 + 15,000 + 40,000) Rs.
14,73,000/-(Rupees Fourteen Lakhs Seventy Three Thousand Only).
The award is modified accordingly.
5. Following the consistent view taken by this Court, the rate of
interest is increased to 9% (nine percent) per annum from the date of
filing of the petition till realization. [see judgment dated 22.02.2016
in MAC.APP. 165/2011 Oriental Insurance Co Ltd v. Sangeeta Devi
& Ors.].
6. By order dated 14.03.2012, the insurance company had been
directed to deposit entire awarded amount of compensation with UCO
Bank, Delhi High Court Branch and by order dated 25.02.2013, 60%
was allowed to be released to the claimants. The balance shall now be
released to the claimants in terms of the modification ordered above.
The insurance company shall satisfy the enhanced award by requisite
deposit with the Tribunal within 30 days, making it available to be
released to the claimant.
7. The statutory deposit shall be refunded to the appellant after
proof is shown of the award having been satisfied.
8. The appeal is disposed of in above terms.
R.K.GAUBA, J.
NOVEMBER 10, 2017
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