Delhi High Court
The New India Assurance Co Ltd vs Monika Taneja And Ors on 12 October, 2018
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 12th October, 2018
+ MAC.APP. 99/2018 & C.M. Nos.3095/2018, 11945/2018
THE NEW INDIA ASSURANCE CO LTD ..... Appellant
Through: Ms. Awantika Manohar, Mr. Dhawesh
Pahuja & Ms. Parul Pradhan, Advocates.
versus
MONIKA TANEJA AND ORS ..... Respondents
Through: Mr. Ashok Popli, Advocate for R-1 to 3.
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.93,98,822/- has been awarded to respondents
No.1 to 3. The appellant seeks reduction of the award amount.
2. The accident dated 15th June, 2014 resulted in the death of Rajesh.
The deceased was aged 50 years at the time of the accident and was self-
employed. The deceased was survived by his widow, one son and one
daughter.
3. The Claims Tribunal took the income of the deceased as
Rs.10,72,941/- per annum according to his Income-Tax Return for the
assessment year 2013-14, deducted 1/3rd towards his personal expenses and
applied the multiplier of 13 to compute the loss of dependency as
Rs.92,98,822/-. The Claims Tribunal awarded Rs.30,000/- towards the loss
of love and affection, Rs.40,000/- towards consortium, Rs.15,000/- towards
loss of estate and Rs.15,000/- towards funeral expenses. The total
compensation of Rs.93,98,822/- has been awarded by the Claims Tribunal.
4. The learned counsel for the appellant urged at the time of hearing that
the loss of income of Rs.9,40,827/- per annum towards income from house
property have been wrongly awarded as the income from house property
would have continued after his death. Learned counsel further submitted that
the amount of Rs.30,000/- awarded towards loss of love and affection is no
more a permissible head in terms of the principles laid down in National
Insurance Co. Limited vs. Pranay Sethi 2017 SCC Online SC 1270.
5. Learned counsel for the claimants have no objection to the deletion of
income from the house property and he submits that income of the deceased,
other than the income from the house property, be taken in terms of the
Income Tax Return for the assessment year 2014-15. It is further submitted
that the Claims Tribunal has not awarded future prospects of 25% to the
claimants. Reliance is placed on Pranay Sethi (supra).
6. There is merit in the contentions urged by learned counsels for the
parties. The income of the deceased is taken as Rs.1,94,534/- per annum
after deducting the income from house property. The Claims Tribunal has
awarded Rs.30,000/- towards the loss of love and affection which is no more
a permissible head and is, therefore, set aside. The claimants are entitled to
the future prospects @ 25% in terms of the principles laid down in Pranay
Sethi (supra).
7. Taking the income of the deceased as Rs.1,94,534/- per annum,
adding 25% towards the future prospects, deducting 1/3 rd towards personal
expenses and applying the multiplier of 13, the loss of dependency is
computed as Rs.21,07,451.67. Adding Rs. 70,000/- (Rs.40,000/- for loss of
consortium + Rs.15,000 towards loss of estate + Rs.15,000 towards funeral
expenses) towards non-pecuniary compensation, the total compensation is
computed as Rs.21,77,451.67 rounded off to Rs.21,77,500/-.
8. The appeal is allowed and the award amount is reduced from
Rs.93,98,822/- to Rs.21,77,500/- along with interest at the rate of 9% per
annum from the date of filing the petition i.e. 26th September, 2014.
9. The appellant has deposited Rs.20,00,000/- with the Registrar General
of this court. The total compensation including interest as of today, is
computed as Rs.29,69,990.68 (Rs.21,77,500 + Rs. 7,92,490.68) rounded off
to Rs.29,70,000/-. The appellant is directed to deposit the remaining amount
of Rs.9,70,000/- with the Registrar General of this Court within 4 weeks
from today.
10. List for disbursement of the compensation amount on 30 th November,
2018.
11. The claimants shall remain present in Court on the next date of
hearing along with the passbook of their savings bank account near the place
of their residence as well as PAN card and Aadhaar card. The concerned
bank of the claimants is directed not to issue any cheque book or debit card
to them and if the same have already been issued, the bank is directed to
cancel the same and make an endorsement on their passbooks to this effect.
The claimants shall produce the copy of this judgment to the concerned
bank, whereupon the bank shall make an endorsement on the passbook of
the claimants that no cheque book and/or debit card shall be issued to them
without the permission of this Court. However, the concerned bank shall
permit the claimants to withdraw money from their savings bank account by
means of a withdrawal form.
12. Pending applications are disposed of.
13. Copy of this judgment be given dasti to counsels for the parties under
signatures of the Court Master.
OCTOBER 12, 2018 J.R.MIDHA, J.
'AA'
