Delhi High Court
Future Generali India Insurance ... vs Umesh Chand Jain & Ors on 30 July, 2018
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: July 30, 2018
+ MAC.APP. 979/2016 & CM 43600/2016
+ MAC.APP. 981/2016 & CM 43672/2016
+ MAC.APP. 982/2016 & CM 43709/2016
+ MAC.APP. 985/2016 & CM 43878/2016
FUTURE GENERALI INDIA INSURANCE CO LTD....Appellant
Through: Mr. Rajeev M. Roy, Advocate
Versus
UMESH CHAND JAIN & ORS
RASHMIKA JAIN & ORS
SWATI JAIN & ORS
AJAY KUMAR JAIN & ORS .....Respondents
Through: Mr. Sanjay Kumar Singh and Mr.
Rakesh Satija, Advocates for
respondents-Claimants
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
(ORAL)
1. Impugned Award of 24th September, 2016 rendered by Motor
Accident Claims Tribunal (henceforth referred to as the "Tribunal")
grants compensation to respondents-Claimants on account of death of a
businessman-Ashish S/o Rajender Kumar Jain, aged 34 years; a Senior
Finance Officer-Abhishek S/o Ajay Kumar Jain, aged 28 years and an
Executive-Nidish, son of Umesh Chand Jain, aged 28 years and a Sales
Executive-Abhishek S/o Anand Jain, aged 29 years.
2. Since these four appeals arise out of aforesaid common impugned
Award, therefore, with the consent of learned counsel for the parties,
these appeals have been heard together and are being decided by this
common judgment.
3. The factual background of this case, as noticed in the impugned
Award, is as under:-
"The facts common to all the petitions are like this.
On 28.04.2012 Ashish Jain along with Nidish Jain,
Abhishek Jain s/o Ajay Kumar Jain and Abhishek Jain s/o
Sh. Anand Jain was going from Delhi to Guptidham,
Gannaur, District Sonepat, Haryana in vehicle bearing
registration no. DL-2CR-1397. Sh. Rajender Kumar,
father of Sh. Nidish Jain, was also going to the same place
in his vehicle bearing no. DL-7CH-4848. They reached at
11.00 p.m. in front of Tempo union bahalgarh, GT Road,
Sonepat, Haryana. One truck bearing no. HR-63-8603
bearing driven by respondent no.1 came in a high speed
and in a rash and negligent manner and hit against the car
bearing registration no. DL.2CR-1397 as a result the
occupants of the car namely Nidish Jain, Ashish Jain and
Abhishek Jain s/o Ajay Kumar Jain sustained injuries and
succumbed to the injuries in the Civil / General hospital,
Sonepat Haryana. Sh. Abhishek Jain S/o Anand Jain
sustained multiple grievous injuries who was referred by
General Hospital, Sonepat to Trauma Hospital for further
treatment. FIR No.13/12, U/s 279/337/304A IPC PS, Rai,
District Sonepat, Haryana was registered against the
respondent No.1. "
4. To render the impugned Award, the Tribunal has relied upon
evidence of Claimants/legal heirs of deceased and the other evidence on
record. The compensation awarded by the Tribunal to Claimants with
interest @ 12% per annum in these appeals, is as under:-
S. Name of deceased Compensation
No. Awarded
1. Ashish S/o Rajender Kumar Jain ₹15,86,608/-
2. Abhishek S/o Ajay Kumar Jain ₹30,22,325/-
3. Nidish S/o Umesh Chand Jain ₹21,53,900/-
4. Abhishek S/o Anand Jain ₹15,73,491/-
5. Despite service, the driver and owner of the insured vehicle have
not contested the impugned Award before this Court.
6. The challenge to impugned Award by learned counsel for
appellant-Insurer is on the ground that the accident in question had taken
place due to contributory negligence of Ashish (since deceased). Another
ground taken by learned counsel for appellant-Insurer is that the
compensation granted by the Tribunal under the „non-pecuniary heads‟ is
exorbitant and it needs to be brought in tune with Supreme Court's
Constitution Bench decision in National Insurance Company Ltd. Vs.
Pranay Sethi & Ors. (2017) 16 SCC 680. So, it is submitted that the
impugned Award deserves to be suitably modified.
7. On the contrary, learned counsel for respondents-Claimants
supports the impugned Award and submits that the compensation granted
by the Tribunal is just and fair and so, these appeals deserve to be
dismissed.
8. Upon hearing and on perusal of impugned Award, evidence on
record and the decision cited, I find that evidence of eye-witness-
Rajender Kumar (PW-2) coupled with evidence of Dr. Saroj (R3W1)
makes it clear that the accident in question took place as the truck was
changing lane and it came in front of the car and that is how the accident
in question had taken place. It can be so gathered from the deposition of
Dr. Saroj (R3W1) and perusal of Crime Scene Report (Ex.R3W1/1). So,
the plea of contributory negligence put forth on behalf of appellant-
Insurer is negated.
9. As regards compensation granted by the Tribunal under the „non-
pecuniary heads‟, I find that it needs to be brought in tune with Supreme
Court's Constitution Bench decision in Pranay Sethi (supra).
Accordingly, the compensation granted by the Tribunal to the legal heirs
of deceased-Ashish S/o Rajender Kumar Jain under the head of „loss of
love and affection‟ is disallowed. The compensation granted under the
head „loss of estate‟ is reduced from ₹25,000/- to ₹15,000/-. Similarly,
„funeral expenses‟ are also reduced from ₹25,000/- to ₹15,000/- and even
compensation granted under the head „loss of consortium‟ is reduced
from ₹1,00,000/- to ₹40,000/-. However, the compensation granted by the
Tribunal under the head of „loss of dependency‟ is found to be fair and
reasonable and is accordingly maintained. As such, the compensation
payable to the legal heirs of deceased-Ashish S/o Rajender Kumar Jain is
reassessed as under: -
Loss of dependency ₹13,36,608/-
Loss of Consortium ₹40,000/-
Loss of Estate ₹15,000/-
Funeral Expenses ₹15,000/-
Total ₹14,06,608/-
10. While maintaining the compensation granted by the Tribunal to the
legal heirs of deceased-Abhishek S/o Ajay Jain under the head of „loss of
dependency‟, compensation granted by the Tribunal under the head of
„loss of love and affection‟ is disallowed. The compensation granted
under the head „loss of estate‟ is reduced from ₹50,000/- to ₹15,000/-.
Similarly, „funeral expenses‟ are also reduced from ₹25,000/- to
₹15,000/-.As such, the compensation payable to the legal heirs of
deceased-Abhishek S/o Ajay Kumar Jain is reassessed as under: -
Loss of dependency ₹28,47,325/-
Loss of Estate ₹15,000/-
Funeral Expenses ₹15,000/-
Total ₹28,77,325/-
11. While upholding the compensation granted by the Tribunal to the
legal heirs of deceased-Abhishek S/o Anand Jain under the head of „loss
of dependency‟ and „medical expenses‟, compensation granted by the
Tribunal under the head of „loss of love and affection‟ is disallowed. The
compensation granted under the head „loss of estate‟ is reduced from
₹25,000/- to ₹15,000/-. Similarly, „funeral expenses‟ are also reduced
from ₹25,000/- to ₹15,000/- and compensation granted under the head
„loss of consortium‟ is reduced from ₹1,00,000/- to ₹40,000/-. As such,
the compensation payable to the legal heirs of deceased-Abhishek S/o
Anand Jain is reassessed as under: -
Loss of dependency ₹11,59,808/-
Loss of Consortium ₹40,000/-
Loss of Estate ₹15,000/-
Funeral Expenses ₹15,000/-
Medical expenses ₹1,63,683/-
Total ₹13,93,491/-
12. The compensation granted by the Tribunal to the legal heirs of
deceased-Nidish S/o Umesh Chand Jain under the head of „loss of
dependency‟ is justified but compensation granted by the Tribunal under
the head of „loss of love and affection‟ is disallowed. The compensation
granted under the head „loss of estate‟ is reduced from ₹50,000/- to
₹15,000/-. Similarly, „funeral expenses‟ are also reduced from ₹25,000/-
to ₹15,000/-. As such, the compensation payable to the legal heirs of
deceased-Nidish S/o Umesh Chand Jain is reassessed as under: -
Loss of dependency ₹19,78,900/-
Loss of Estate ₹15,000/-
Funeral Expenses ₹15,000/-
Total ₹20,08,900/-
13. So far as interest on the awarded compensation is concerned, a
Three Judge Bench of Supreme Court in a recent decision of Jagdish v.
Mohan and Others, (2018) 4 SCC 571 has granted interest @ 9% per
annum on the awarded compensation and so, respondents-Claimants are
also entitled to interest @ 9% per annum. Accordingly, re-assessed
compensation shall carry interest @ 9% per annum instead of 12% per
annum as granted by the Tribunal. The modified compensation with
interest @ 9% per annum be disbursed to respondents-Claimants by the
Tribunal in the ratio and manner as indicated in the impugned Award.
The recovery rights granted by the Tribunal to appellant-Insurer qua the
owner and driver of the insured vehicle are maintained. Statutory deposit
alongwith excess deposit, if any, be refunded to appellant-Insurer.
14. Consequentially, compensation awarded by the Tribunal to legal
heirs/Claimants of deceased-Ashish is reduced from ₹15,86,608/- to
₹14,06,608/- and to legal heirs of deceased-Abhishek S/o Ajay Kumar is
reduced from ₹30,22,325/- to ₹28,77,325/- and to legal heirs of deceased-
Nidish is reduced from ₹21,53,900/- to ₹20,08,900/- and to legal heirs of
deceased-Abhishek S/o Anand Jain is reduced from ₹15,73,491/- to
₹13,93,491/-.
15. With aforesaid directions, the above captioned four appeals and the
applications are disposed of.
(SUNIL GAUR)
JUDGE
JULY 30, 2018
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