Delhi High Court
Liberty Videocon Gen Ins Co Ltd vs Guddi Devi & Ors on 4 April, 2018
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 04th April, 2018
+ MAC.APP.96/2018 & CM No.2970/2018
LIBERTY VIDEOCON GEN INS CO LTD ..... Appellant
Through: Mr. A.K. Soni, Adv.
Versus
GUDDI DEVI & ORS ..... Respondents
Through: Mr. J. Kamra, Adv. for R1 to R6.
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.40,62,880/- has been awarded to the
respondents 1 to 6.
2. The accident dated 12th November, 2015 resulted in the death of Prem
Pal. The deceased was aged 45 years at the time of the accident and was
survived by his father, widow, three minor sons and an unmarried sister who
claimed compensation before the Claims Tribunal. The deceased was self-
employed in the transport business having income of Rs.2,70,923/- per
annum.
3. The Claims Tribunal took the income of the deceased as Rs.2,70,923/-
per annum on the basis of Income Tax Returns, added 30% towards future
prospects, deducted 1/5th towards personal expenses and applied the
multiplier of 13 to compute the loss of dependency as Rs.36,62,878.96. The
Claims Tribunal awarded Rs.1,50,000/- towards loss of love and affection,
Rs.1,50,000/- towards loss of consortium, Rs.50,000/- towards loss of estate
and Rs.50,000/- towards funeral expenses. The total compensation awarded
is Rs.40,62,787.96.
4. Learned counsel for the appellant urged at the time of the hearing that
the future prospects be reduced from 30% to 25%; the personal expenses of
the deceased be increased from 1/5th to 1/4th and the non-pecuniary
compensation be reduced in terms of the principles laid down in National
Insurance Company Limited v. Pranay Sethi, 2017 SCC OnLine SC 1270.
5. There is merit in the contention urged by learned counsel for the
appellant that the future prospects should be reduced from 30% to 25%, the
personal expenses of the deceased be enhanced from 1/5th to 1/4th as there
are six dependents and the non-pecuniary compensation be reduced in terms
of the principles laid down in National Insurance Company Limited v.
Pranay Sethi, (supra).
6. Applying the principles laid down in National Insurance Company
Limited v. Pranay Sethi, (supra), the future prospects are reduced from 30%
to 25%; the personal expenses of the deceased are enhanced from 1/5 th to
1/4th and the non-pecuniary compensation is reduced to Rs.70,000/-.
7. Taking the annual income of the deceased (after deducting Income
Tax) as Rs.2,70,823/- per annum, adding 25% towards future prospects,
deducting 1/4th towards personal expenses and applying the multiplier of 13,
the loss of dependency is computed as Rs.33,00,655.31. The compensation
of Rs.1,50,000/- towards loss of consortium, Rs.50,000/- towards loss of
estate and Rs.50,000/- towards funeral expenses is reduced to Rs.70,000/-.
The compensation of Rs.1,50,000/- towards loss of love and affection is set
aside. The respondents are entitled to total compensation of Rs.33,70,656/-
(Rs. 33,70,655.31 rounded off).
8. The appeal is allowed and the compensation awarded by the Claims
Tribunal is reduced from Rs.40,62,880/- to Rs.33,70,656/- along with
interest @ 9% per annum from the date of institution.
9. The appellant has deposited Rs.40,00,910/- with the Registrar General
of this Court in terms to the order dated 24th January, 2018 of this Court.
10. The appellant is directed to deposit the balance award amount with the
Registrar General of this court within three weeks. The proof of deposit
along with the computation of interest on affidavit be filed within one week
of the deposit.
11. The statutory amount be refunded back to the appellant.
12. List for disbursement of the compensation amount on 3rd May, 2018.
13. Copy of this judgment be given dasti to learned counsels for the
parties under signature of Court Master.
APRIL 04, 2018 J.R. MIDHA, J.
dk
