Delhi High Court
The New India Assurance Company ... vs Santosh & Ors. on 23 November, 2017
$~R-558
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 23rd November, 2017
+ MAC APPEAL 800/2012 and CM 12708/2012
THE NEW INDIA ASSURANCE COMPANY
LTD. ..... Appellant
Through: Mr. Shoumik Mazumdar,
Advocate
versus
SANTOSH & ORS. ... Respondents
Through: None
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. While awarding compensation in the total sum of
Rs.22,72,512/-, with interest at the rate of 9% p.a., in favour of the
first to sixth respondents (collectively, the claimants) on their accident
claim case (MACT 149/10/08), instituted on 04.04.2008, on account
of death of Ram Chander, in a motor vehicular accident that occurred
on 25.08.2007, due to negligent driving of a motor vehicle described
as a Crane bearing registration no.HR-39A-6721, the liability was
fastened on the appellant (insurer) to pay, it having concededly issued
an insurance policy covering third party risk for the crane for the
period in question. The said compensation includes Rs.19,42,512/-
towards loss of dependency, Rs.10,000/- for funeral charges,
Rs.1,20,000/- for loss to estate, Rs.50,000/- towards loss of
consortium and Rs.1,50,000/- towards loss of love & affection &
company etc. The tribunal also directed the insurance company to pay
Rs.70,000/- as counsel fee and Rs.5,000/- as out of pocket expenses to
the counsel for the petitioner.
2. The appeal at hand is pressed only to seek modification of the
award under the non-pecuniary heads of damages so as to bring it in
accord with 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. and to take exception to the
inclusion of counsel fee and out of pocket expenses in the directions.
3. The appeal was admitted and put in the list of 'Regulars' by
orders dated 13.07.2015. Upon it being called out, there is no
appearance for the claimants. The appeal has been heard with the
assistance of the learned counsel for the insurer and the record of the
tribunal perused.
4. The modification based on the ruling in Pranay Sethi (supra) is
called for. Thus, in lieu of the awards towards the non-pecuniary
damages granted by the tribunal, Rs.40,000/- for loss of consortium
and Rs.15,000/- each for funeral expenses and loss of estate are added.
The compensation thus is to be reduced to [Rs.19,42,512/- +
Rs.40,000/- + Rs.15,000/- + Rs.15,000/-], Rs.20,12,512/-, rounded off
to Rs.20,13,000/- (Rupees Twenty lakh and thirteen thousand only).
Needless to add, the award shall carry interest as levied by the
tribunal.
5. There being no justification for such inclusion, the directions
for payment of counsel's fee and out of pocket expenses are set aside.
6. By order dated 27.07.2012, the insurance company was directed
to deposit the entire awarded amount with up-to-date interest
excluding lawyer's fee and out of pocket expenses with UCO Bank,
Delhi High Court branch and from out of such deposit, seventy five
percent (75%) was permitted to be released to the claimants. The
Registry shall now calculate the remainder of the amount payable to
the claimants and release the same to them. Having regard to the fact
that the apportionment in favour of the claimants was specified, it is
directed that the amounts already received by the claimants other than
first respondent Santosh (widow) shall be treated as their respective
shares, the entire balance now to go to her alone. The excess in
deposit with statutory deposit shall be refunded to the insurance
company.
7. The appeal and the pending application are disposed of in above
terms.
R.K.GAUBA, J.
NOVEMBER 23, 2017
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