Delhi High Court
Bharti Axa General Insurance ... vs Risalo Devi & Ors. on 16 April, 2018
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 16th April, 2018
+ MAC.APP. 272/2017
BHARTI AXA GENERAL
INSURANCE COMPANY LTD. ..... Appellant
Through: Ms.Arunima Dwivedi, Ms.Preeti,
Advocates.
versus
RISALO DEVI & ORS. ..... Respondents
Through: Mr.Manish Maini, Ms.hreeshika
Bhargav, Advocates for respondents
no.1 to 8 along with respondents no.1
and 2 in person.
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.16,55,610/- has been awarded to respondents
no.1 to 8.
2. The accident dated 04th April, 2014 resulted in the death of Randhir
Singh. The deceased was aged 66 years at the time of the accident and was
survived by his widow, one son and six married daughters who filed the
claim petition before the Claims Tribunal. The deceased was an ex-
serviceman getting a pension of Rs.16,372/- per month and he was doing
agricultural activities and after his death, his widow is getting a pension of
Rs.11,525/- per month. It was claimed that the deceased was earning
Rs.20,000/- per month by doing agricultural work. In the absence of any
proof, the Claims Tribunal took Rs.15,221/- as income of the deceased
(Minimum wages of Rs.10,374/- and the difference in pension and the
family pension i.e. Rs.4,847/- (Rs.16,372/- - Rs.11,525/-). The Claims
Tribunal deducted 1/5th towards personal expenses and applied the multiplier
of 5 to compute the loss of dependency as Rs.7,30,610/-. The Claims
Tribunal awarded Rs.25,000/- towards funeral expenses, Rs.1 lakh towards
loss of consortium, Rs.1 lakh towards loss of estate and Rs.7 lakh towards
loss of love and affection. The total compensation awarded is
Rs.16,55,610/-.
3. Learned counsel for the appellant urged at the time of the hearing that
the personal expenses of the deceased be increased from 1/5th to 1/3rd as all
the daughters of the deceased were married. It was further submitted that
the non-pecuniary compensation be reduced in terms of principles laid down
in National Insurance Co. Ltd. v. Pranay Sethi, 2017 SCC OnLine SC
1270. The appellant also seeks reduction in the rate of interest from 10% to
9%.
4. There is merit in the contentions urged by learned counsel for the
appellant. The personal expenses of the deceased are reduced from 1/5th to
1/3rd and the non-pecuniary compensation is reduced to Rs.70,000/-
(Rs.40,000/- towards loss of consortium, Rs.15,000/- towards loss of estate
and Rs.15,000/- towards funeral expenses). The rate of interest is reduced
from 10% to 9%.
5. Taking the income of the deceased as Rs.15,221/- per month,
deducting 1/3rd towards the personal expenses and applying the multiplier of
5 the loss of dependency is computed as Rs.6,08,840/-. Adding Rs.40,000/-
towards loss of consortium, Rs.15,000/- towards loss of estate and
Rs.15,000/- towards funeral expenses, the total compensation is computed as
Rs.6,78,840/-.
6. The appeal is allowed and the award amount is reduced from Rs.
16,55,610/- to Rs.6,78,840/- along with interest @ 9% per annum from the
date of institution i.e. 20th September, 2014 till realization.
7. The appellant has deposited the entire award amount with the Claims
Tribunal in terms of order dated 17th March, 2017.
8. As per the calculation done by the Accounts Officer of this Court, the
compensation amount with interest as on today comes to Rs.8,97,026.61
rounded off to Rs.8,97,027/-.
9. The Claims Tribunal is directed to disburse Rs.8,97,027/- to
respondents no.1 to 8 in the following manner:
(i) Rs.2 lakh be released to respondent no.1 by transferring the same to
her savings bank A/c No.674510110005791 with Bank of India, Jhajjar
Branch, Haryana (IFSC Code: BKID0006745)
(ii) Rs.2 lakh be released to respondent no.2 by transferring the same to
his savings bank account.
(iii) Rs.50,000/- be released to respondent no.3 by transferring the same to
her savings bank account.
(iv) Rs.50,000/- be released to respondent no.4 by transferring the same to
her savings bank account.
(v) Rs.50,000/- be released to respondent no.5 by transferring the same to
her savings bank account.
(vi) Rs.50,000/- be released to respondent no.6 by transferring the same to
her savings bank account.
(vii) Rs.50,000/- be released to respondent no.7 by transferring the same to
her savings bank account.
(viii) Rs.50,000/- be released to respondent no.8 by transferring the same to
her savings bank account.
10. The balance amount, after releasing Rs.7 lakhs to respondents no.1 to
8 in the aforesaid manner, be kept in FDR in the name of respondent no.1 for
the period 1 year with cumulative interest. Respondents no.2 to 8 shall
furnish the particulars of their savings bank account to the Claims Tribunal.
11. Respondent no.2 shall appear before the Claims Tribunal and shall
submit the particulars of the savings bank accounts of respondent no.1 to 8.
Respondent no.1 aged about 70 years is present in Court. The personal
appearance of respondent no.1 before Claims Tribunal is exempted.
12. The Bank of India, Jhajjar Branch, Haryana is directed not to issue
any cheque book or debit card to respondent no.1 and if the same have
already been issued, the bank is directed to cancel the same and make an
endorsement on her passbook to this effect. The respondent no.1 shall
produce the copy of this order to the Bank of India, whereupon the bank
shall make an endorsement on the passbook of respondent no.1 that no
cheque book and/or debit card shall be issued to respondent no.1 without the
permission of this Court. However, the Bank of India shall permit
respondent no.1 to withdraw money from her savings bank account by
means of a withdrawal form.
13. The lower court record be sent back to forthwith.
14. Copy of this judgment be given dasti to learned counsels for the
parties under signature of Court Master.
APRIL 16, 2018 J.R.MIDHA, J.
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