Delhi High Court
National Insurance Company Ltd. vs Khushi Ram & Ors. on 2 February, 2018
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: February 02, 2018
+ MAC.APP. 97/2017
NATIONAL INSURANCE COMPANY LTD. ..... Appellant
Through: Ms. Archna Gaur & Ms. Ridhima
Gaur, Advocates
Versus
KHUSHI RAM & ORS. ..... Respondents
Through: Mr. Pankul Nagpal, Advocate
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
ORAL
1. Impugned Award of 20th December, 2016 grants compensation of
`21,21,067/- to respondents-claimants with interest @ 9% p.a. to
respondents-claimants on account of death of one Deepak Goyal in a
vehicular accident on 5th September, 2011. The factual position of this
case stands already noted in the impugned Award and so needs no
reproduction.
2. Suffice to note that learned Motor Accident Claims Tribunal
(henceforth referred to as the „Tribunal‟) has relied upon evidence of
claimants / family members and while taking the age of deceased to be 28
years, as reflected in the Pan Card and High School Marks Sheet, has
MAC.APP.97/2017 Page 1
assessed income of deceased at minimum wages of a matriculate and
after adding 50% towards future prospects and deducting 1/4th towards
personal expenses and by applying the multiplier of 17, the loss of
dependency has been calculated at `17,96,067/-. Learned Tribunal has
granted compensation of `3,25,000/- under the non-pecuniary heads.
3. The challenge to the impugned Award by learned counsel for
appellant-Insurer is on the ground that the compensation granted under
the non-pecuniary heads is exorbitant and is not in conformity with recent
Supreme Court's Constitution Bench decision in National Insurance
Company Ltd. Vs. Pranay Sethi & Ors. 2017 SCC OnLine SC 1270. This
is not disputed by learned counsel for respondents-claimants and rightly
so.
4. In view of recent Constitution Bench's decision of Supreme Court
in National Insurance Company Ltd. Vs. Pranay Sethi & ors. 2017 SCC
OnLine SC 1270, no compensation is payable under the head of "loss of
love and affection," and so compensation of `1,00,000/- granted under
this head is disallowed. The „Funeral Expenses‟ are accordingly reduced
from `25,000/- to `15,000/- and compensation granted by the learned
Tribunal under the head „loss of estate‟ is reduced from `1,00,000/- to
`15,000/-. Compensation granted under the head „loss of consortium‟ is
reduced from `1,00,000/- to `40,000/-.
5. The impugned award is accordingly modified by reducing the total
compensation from `21,21,067/- to `18,66,067/- which shall carry
interest @ 9% p.a., as awarded by the learned Tribunal. This Court is
informed that the compensation amount stands deposited with the learned
MAC.APP.97/2017 Page 2
Tribunal who shall release the amount payable to respondent-claimants in
terms of this judgment and refund the excess amount to appellant-
Insurance Company. Statutory deposit, if any, be refunded to appellant-
Insurance Company as per rules.
6. With aforesaid directions, this appeal is disposed of.
SUNIL GAUR
(JUDGE)
FEBRUARY 02, 2018
r
MAC.APP.97/2017 Page 3
