Delhi High Court
Shyam Kala & Anr vs The Reliance General Insurance ... on 20 November, 2017
$~R-516
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 20th November, 2017
+ MAC APPEAL 615/2012
SHYAM KALA & ANR ..... Appellants
Through: None
versus
THE RELIANCE GENERAL INSURANCE
COMPANY LTD. & ORS. ..... Respondents
Through: Mr. A.K. Soni, Adv. for R-1
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. Smita Saini, an unmarried girl, aged 28 years, suffered injuries
in a motor vehicular accident that had occurred on 28.02.2010
involving negligent driving of a Tata truck bearing registration no.HR-
38K-9193 admittedly insured against third party risk with the first
respondent (insurer) for the period in question and died in the
consequence. Her parents (appellants herein) instituted accident claim
case (MACT 43/12/10) on 13.04.2010 seeking compensation.
2. The Motor Accident Claims Tribunal (Tribunal) held inquiry
and, by judgment dated 17.02.2012, awarded compensation in the total
sum of Rs.17,38,500/-, the liability having been fastened to pay with
interest at the rate of 7.5% p.a. in their favour against the first
respondent, the said amount inclusive of Rs.17,03,500/- towards loss
of dependency, Rs.25,000/- towards loss of love and affection and
Rs.5,000/- each for loss to estate and funeral expenses.
3. The claimants by the appeal at hand sought enhanced
compensation submitting various grounds.
4. The appeal was admitted and directed to be shown in the list of
'Regulars', to come up on its own turn as per order dated 14.01.2016.
When it is called out for hearing, there is no appearance for the
appellants. The counsel for the insurer has been head and the record
perused.
5. It was proved before the tribunal that the deceased was
employed with Reliance Communications Ltd. as an employee in the
position of L-3 by letter dated 31.01.2008 (Ex. PW3/A), the last
emoluments earned being salary in the sum of Rs.29,266.43 for the
month of February 2010 (Ex. PW3/D). The tribunal has correctly
deducted the income tax liability of Rs.3,458/- and has taken the
monthly income for Rs.25,808/-.
6. The calculation of loss of dependency by the tribunal, however,
fell into error due to omission give any benefit of future prospects of
increase and by applying the multiplier of 11 on the basis of the age of
the claimant / mother. Following the ruling 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
element of future prospects of increase in income will have to be
added to the extent of 50% and the multiplier of 17 invoked.
7. The loss of dependency is, thus, re-calculated as [Rs.25,808/- x
150/100 / 2 x 12 x 17] Rs.39,48,624/-, rounded off to Rs.39,49,000/-
(Rupees Thirty nine lakh and forty nine thousand only). The awards
under the non-pecuniary heads of damages also need to be brought in
accord with the ruling in Pranay Sethi (supra). Therefore, amounts of
Rs.15,000/- each towards loss of estate and funeral expenses are
added.
8. The total compensation is re-computed as [Rs.39,49,000/- +
Rs.15,000/- + Rs.15,000/-] Rs.39,79,000/- (Rupees Thirty nine lakh
and seventy nine thousand only).
9. The award is modified accordingly.
10. Following the consistent view taken by this Court, the rate of
interest is increased to 9% 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.]
11. The first respondent (insurer) is directed to satisfy the enhanced
award by requisite deposit within 30 days with the tribunal. The entire
amount now to be paid in terms of the modification hereby ordered,
shall be released as exclusive share of the first appellant Shyam Kala
(mother), in the form of an interest bearing fixed deposit receipt for a
period of ten years with right to draw periodic interest.
12. The appeal is disposed of in above terms.
R.K.GAUBA, J.
NOVEMBER 20, 2017
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