Delhi High Court
Oriental Insurance Co Ltd vs Bhupinder Singh & Ors on 10 November, 2017
$~2
IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 10th November, 2017
+ MAC.APP. 483/2016 & CM No.22747/2016(stay)
ORIENTAL INSURANCE CO LTD ..... Appellant
Through: Mr. Bhupender Singh, Ms. Ravi
Sabharwal & Mr. Adarsh
Sabharwal, Advs.
versus
BHUPINDER SINGH & ORS ..... Respondents
Through: Mr. Manoj Sharma & Mr.
Manoranjan, Advs.for R3 &
R4.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. The accident claim case (suit no. 327/2015) instituted on
09.01.2009 by first and second respondents on their behalf and also
on behalf of third and fourth respondents (collectively, the
clamaints). The tribunal, by judgment dated 03.03.2016, held that
Surjeet Singh, aged 32 years earning his livelihood as a driver, had
died in motor vehicular accident that had occurred on 02.01.2008
due to the negligent driving of truck bearing registration no.RJ-
02G-8564, it concededly being insured against third party risk with
the appellant (insurer) for the period in question. The compensation
in the total sum of Rs. 10,86,040/- was awarded with interest at
nine per cent (9%) per annum, the liability to pay being fastened
against the insurer.
2. The appeal at hand was moved by the insurer to question the
computation of compensation both on account of loss of
dependency and under the heads of non-pecuniary damages,
reliance being placed on the decision of 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.,
3. The learned counsel for the claimants fairly concedes that the
compensation may be modified so as to be in accordance with the
ruling in Pranay Sethi's Case (supra).
4. It is noted that in absence of any formal proof of employment or of
the earnings of the deceased, the tribunal went by the minimum
wages of a skilled person i.e. Rs.3940/- per month but added the
element of future prospects to the extent of fifty per cent (50%).
Given the age at which the death occurred, the deceased being in
the category of self employed, such element will have to be
restricted to forty percent (40%). Calculated thus, after deduction
of one-fourth towards loss of personal and living expenses, and
applying the multiplier of 16, loss of dependency is re-calculated as
(3940x140/100x3/4x12x16) Rs. 7,94,304/- rounded off to Rs.
7,95,000/-.
5. Following the ruling in Pranay Sethi's Case (supra), Rs.15,000/-
each on account of loss of estate and funeral expenses and Rs.
40,000/- towards loss of consortium are added instead of the non-
pecuniary damages granted by the Tribunal. Thus, the total
compensation in the case comes to Rs.(795000/-+15000/-+15000/-
+40000/-) Rs.8,65,000/- (Rupees Eight Lakhs and Sixty Five
Thousand Only). The award is modified accordingly. It shall carry
interest as levied by the tribunal. The apportionment of award
amongst the claimants as directed by the Tribunal will remain
undisturbed.
6. By order dated 03.06.2016, the insurance company had been
directed to deposit the entire awarded amount with upto date
interest with the tribunal out of which forty per cent (40%) was
permitted to be released, the balance kept in fixed deposit account.
The tribunal shall recalculate and release the balance payable to the
claimants in terms of the modification ordered above and refund
the excess if any to the insurance company.
7. Statutory deposit shall be refunded.
8. The appeal is accordingly disposed of.
R.K.GAUBA, J.
NOVEMBER 10, 2017
umang
