Delhi High Court
Bajaj Allianz General Ins. ... vs Geeta Sharma & Ors on 6 September, 2017
$~R-168
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 6th September, 2017
+ MAC.APP. 71/2010
BAJAJ ALLIANZ GENERAL INS. COMPANY LIMITED
.....Appellant
Through: None.
versus
GEETA SHARMA & ORS ..... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. On the claim petition (suit no. 959/2007) which was instituted
on 18.10.2005 by the first respondent to seek compensation for the
death of her 12 years' old son Gautam in motor vehicular accident that
occurred on 25.12.2004 at about 9:45 p.m. due to negligent driving of
Wagon R car bearing registration no. DL 6CH 9510, admittedly
insured against third party risk with the appellant insurance company,
the tribunal, after inquiry, by judgment dated 11.12.2009, granted
compensation in the total sum of Rs. 6,48,000/- and directed the
insurer to pay with interest. The tribunal referred to the decision of
the Supreme Court in R.K. Malik & Anr. Vs. Kiran Pal & Ors. 2009
ACJ 1924 in computing the compensation awarded in the case of
death of a child.
2. The appeal at hand filed by the insurer questions the
computation referring, inter alia, to the decision of the Supreme Court
in Lata Wadhwa vs. State of Bihar (2001) 8 SCC 197 and Sarla Verma
vs. DTC (2009) 6 SCC 121, it was admitted and was put in the
category of 'regulars' as per order dated 24th May, 2010. When the
appeal is taken up for hearing, no one has appeared on behalf of the
appellant or the opposite party to assist.
3. This Court after considering the various judgments of the
Supreme Court germane to the issue at hand, including the
aforementioned judgments, by decision rendered on 13th May, 2016 in
a batch of cases led by MAC.APP.554/2010, Chetan Malhotra v. Lala
Ram, had laid down the method whereby compensation in the cases of
death of children is to be determined. It is noted that if the
calculations were to be made in accord with the principles set out in
the judgment in Chetan Malhotra (supra), the amount of compensation
awardable in the case at hand would be substantially the same as has
been granted by the tribunal by the impugned judgment.
4. Therefore, the appeal is found devoid of substance and is
dismissed.
5. By order dated 08.02.2010, the insurance company had been
directed to deposit Rs. 3,75,000/- with UCO Bank, as a pre condition
to the stay against the execution of the award granted by the tribunal.
It was further directed in the said order that an amount of Rs.
4,50,000/- shall be put in fixed deposit receipt for various periods, the
balance amount deposited to be released to the claimant by transfer
into her saving bank account. The amount kept in fixed deposit
receipts shall be handed over to the claimant. The insurance company
will be obliged to satisfy the remainder of the award by requisite
deposit with the tribunal within 30 days hereof making it available to
be released.
6. The statutory amount shall be refunded after proof is shown of
the award having been satisfied.
R.K.GAUBA, J.
SEPTEMBER 06, 2017
nk
