Delhi High Court
National Insurance Co. Ltd. vs Dilwar & Ors. on 11 October, 2017
$~R-317
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 11th October, 2017
+ MAC APPEAL No.300/2011
NATIONAL INSURANCE CO. LTD. ..... Appellant
Through: Ms. Shantha Devi Raman &
Mr. Arihant Jain, Adv.
versus
DILWAR & ORS. ..... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. Balram, a bachelor, then aged 23 years, earning his livelihood
as manual labourer, engaged on truck bearing registration no. HR 38
9324 (the truck) for loading cargo (stones), died on account of injuries
suffered on 30.07.2005, when the truck driven by the third respondent
(the driver) turned turtle due to negligence on the part of the latter.
The accident claim case (suit 291/2009), instituted on 27.09.2005 by
his minor junior siblings dependent on him, they being first and
second respondents in the appeal (collectively, the claimants), resulted
in inquiry leading to the judgment dated 05.02.2011 whereby
compensation in the total sum of Rs. 7,12,792/- was awarded and the
liability was fastened on the appellant (insurer) to pay the same with
interest @ 7.5% per annum, it being the insurer of the truck against
third party risk for the period in question.
2. The appeal is pressed by the insurer only to submit that it being
a case of a bachelor's death, as per the ruling in Sarla Verma & Ors. v.
Delhi Transport Corporation & Anr., (2009) 6 SCC 121, 50% should
have been deducted towards personal & living expenses. This plea
must be accepted. The loss of dependency on the notional income of
Rs.4568/- is thus recomputed as (4568 ÷ 2 x 12 x 18) Rs.4,93,344/-,
rounded off to Rs. 4,94,000/-.
3. It is, however, noted that the tribunal has awarded Rs. 40,000/-
towards loss of love & affection and Rs. 15,000/- towards funeral
expenses, there being no award under the head of loss of estate.
Following the rulings in Rajesh & Ors. v. Rajbir Singh & Ors., (2013)
9 SCC 54 and Shashikala V. Gangalakshmamma (2015) 9 SCC 150,
compensation in the sum of Rs.1,00,000/- on account of loss of love
& affection and Rs. 25,000/- each towards loss of estate and funeral
expenses are added.
4. Thus, the total compensation comes to (4,94,000 + 1,00,000 +
25,000 + 25,000) Rs. 6,44,000/- (rupees sixty lacs and forty four
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 per cent) 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 04.04.2011, the insurance company had been
directed to deposit the entire awarded amount with the Registrar
General and out of such deposit 50% was allowed to be released, the
balance kept in fixed deposit. The registry shall now calculate the
balance amount payable to the claimants in terms of the modification
ordered above and release the same from out of the balance lying in
deposit, refunding the excess, if any, to the insurance company.
Conversely, if there is any deficiency in the deposit, the insurance
company is obliged to deposit the same with the tribunal within thirty
days.
7. The statutory amount shall be refunded after proof of the award
having been satisfied is furnished.
R.K.GAUBA, J.
OCTOBER 11, 2017
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