Delhi High Court
Reliance General Insurance Co Ltd vs Geeta Sharma & Ors on 24 October, 2017
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 24th October, 2017
+ MAC.APP. 37/2016 and CM 1508/2016
RELIANCE GENERAL INSURANCE CO LTD ..... Appellant
Through: Mr. A.K. Soni, Advocate
versus
GEETA SHARMA & ORS ..... Respondents
Through: Mr. B.R. Sharma, Adv. for R-1 to
6
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. On the accident claim case (suit no.569/2014) instituted on
27.08.2014 by the first to sixth respondents (collectively, the
claimants), the Motor Accident Claims Tribunal (Tribunal), by
judgment dated 28.11.2015, awarded total compensation in the sum of
Rs.37,67,000/- on account of death of Shiv Ratan Sharma in a motor
vehicular accident that had occurred on 19.06.2014 due to the
negligent driving of a motor vehicle described as one bearing
registration no.DL-1LG-7001 admittedly insured against third party
risk with the appellant / insurance company (insurer) for the period in
question. The said amount included Rs.1,00,000/- towards loss of
consortium and Rs.5,00,000/- towards loss of love and affection
besides Rs.1 Lakh towards loss to estate and Rs.25,000/- on account of
funeral expenses.
2. The insurance company on which liability has been fastened
presses the appeal questioning the said awards granted under non-
pecuniary heads of damages.
3. Indeed, the awards under the above mentioned heads are not in
sync with the awards generally made, reference in this context to be
made to the decision of this court in Shriram General Insurance Co
Ltd v. Usha, MAC.APP.No.160/2015, decided on 05.05.2016, which
has been consistently followed in context of similarly placed fatal
accident claims of the same vintage. Following the said ruling, the
award of Rs.1,50,000/- each towards loss of consortium and loss of
love and affection and Rs.50,000/- each towards loss to estate and
funeral expenses are granted in lieu of the awards made by the
tribunal. This would mean the total compensation will have to be
reduced by [Rs.7,25,000/- (-) Rs.4,00,000/-] Rs.3,25,000/- (Rupees
Three Lakh and twenty five thousand only). The award is, thus,
reduced to [Rs.37,67,000/- (-) Rs.3,25,000/-] Rs.34,42,000/- (Rupees
Thirty Four lakh and forty two thousand only). It shall carry interest
as levied by the tribunal.
4. By order dated 18.01.2016, the insurance company had been
directed to deposit the entire awarded amount with upto date interest
with the tribunal within 30 days and from out of such deposit, 75%
was permitted to be released, the balance kept in fixed deposit
account. It is noted that the tribunal has specified the amounts falling
to the share of each claimant. Since the award has been reduced, it is
directed that the amount already received by the claimants other than
the first respondent- Geeta Sharma (widow) shall be treated as their
respective shares. The entire balance now to go to the first respondent
- Geeta Sharma (widow) alone. The tribunal shall calculate the
balance to which the first respondent / Geeta Sharma is entitled to
under the modified award and release the same from out of the amount
kept in fixed deposit refunding the excess to the insurance company.
5. The statutory deposit shall also be refunded.
6. The appeal and the pending application are disposed of in above
terms.
R.K.GAUBA, J.
OCTOBER 24, 2017
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