Delhi High Court
Oriental Insurance Co Ltd vs Sasmita Sahu & Ors on 12 September, 2017
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 12th September, 2017
+ MAC.APP. 496/2014
ORIENTAL INSURANCE CO LTD ..... Appellant
Through: Mr. Pankaj Seth, Advocate
versus
SASMITA SAHU & ORS ..... Respondents
Through: Mr. Sunil Kumar, Advocate for
respondents No.1 to 4
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the award of the Claims Tribunal
whereby compensation of Rs.23,89,100/- has been awarded to respondents
No.1 to 4.
2. The accident dated 21st June, 2013 resulted in the death of Hemant
Kumar Das. The deceased was aged 28 years at the time of the accident and
was survived by his widow, son and parents, who filed the application for
compensation. The deceased was in private service earning Rs.15,000/- per
month. However, the Claims Tribunal took the minimum wages of
Rs.9,386/-, added 50% towards future prospects, deducted 1/4 th towards his
personal expenses and applied the multiplier of 17 to compute the loss of
dependency of Rs.21,54,100/-. The Claims Tribunal awarded Rs.1 lakh
towards loss of love and affection, Rs.1 lakh towards loss of consortium,
Rs.10,000/- towards loss of estate and Rs.25,000/- towards funeral expenses.
The total compensation awarded was Rs.23,89,100/- along with interest @
9% per annum.
3. Learned counsel for the appellant urged at the time of the hearing that
the deceased was contributory negligent and, therefore, the compensation is
liable to be reduced on the ground of contributory negligence. It is further
submitted that the future prospects of 50% should not be taken into
consideration to compute the compensation.
4. There is merit in the contention of learned counsel for the appellant
with respect to the plea of contributory negligence. The deceased was
driving motorcycle No.DL-3S-BN-8176 which hit the stationary truck
bearing No.HR-38L-5288 parked in the middle of the road without any
indication. The police has registered the FIR against the driver of the
stationary truck. The FIR, site plan as well as the photographs of the
accident have been seen in the record of the Claims Tribunal from which it
is clear that the truck had been wrongly parked in the middle of the road.
However, the accident could not have occurred if the deceased had been
careful. In that view of the matter, the deceased was contributory negligent.
In the facts and circumstances of this case, Rs.2,89,100/- is deducted from
the compensation amount of Rs.23,89,100/- towards the contributory
negligence of the deceased.
5. With respect to the second contention urged by learned counsel for the
appellant, there is no infirmity in the award of future prospects.
Respondents No.1 to 4 are held to be entitled to compensation of Rs.21 lakh
along with interest @ 9% per annum.
6. The appeal is partly allowed and the compensation amount of
Rs.23,89,100/- is reduced to Rs.21 lakh along with interest @ 9% per
annum.
7. The appellant has deposited the entire compensation with the
Registrar General of this Court in terms of the order dated 26 th May, 2014
out of which 70% has been released to respondents No.1 to 4. The Accounts
Officer of this Court shall calculate the amount to which the respondents
No.1 to 4 are entitled in terms of this judgment and the amount liable to be
refunded to the appellant.
8. List for disbursement of the amount to respondents No.1 to 4 on 24 th
October, 2017.
9. Respondents No.1 to 4 shall remain present in Court on the next date
of hearing along with passbooks of their savings bank account near the place
of their residence as well as PAN Card and Aadhaar Card.
10. The statutory amount be refunded to the appellant.
11. Copy of this order be given dasti to counsels for the parties under
signatures of the Court Master.
SEPTEMBER 12, 2017 J.R. MIDHA, J.
rsk
