Delhi High Court
Shriram General Insurance Co Ltd vs Smt Prabha Devi & Ors on 9 April, 2019
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ Date of Decision: 09.04.2019
% MAC.APP. 14/2014 and CM APPL. 27649/2016
SHRIRAM GENERAL INSURANCE CO LTD ..... Appellant
Through Mr. Sameer Nandwani and Mr.Pankaj
Singh, Advocates.
versus
SMT PRABHA DEVI & ORS ..... Respondents
Through Mr. Varun Sarin and Mr. Aakash
Kundra, Advocates for R-1 to R-4.
CORAM:
HON'BLE MR. JUSTICE A.K.CHAWLA
JUDGMENT
A.K.CHAWLA, J. (ORAL)
1. The appellant-the insurer of the motor vehicle involved in the
accident, is aggrieved of the quantum of compensation awarded vide
impugned judgment-Award dated 03.07.2013, passed by MACT-II, South.
In view of the fact that the challenge is restricted to the quantum of
compensation, advertence to the other factual conspectus to maintain the
claim petition by the claimants-respondent nos.1 to 6, is not called for.
2. It is a death case and the compensation has come to be awarded to the
claimants-respondent nos.1 to 6 being the widow, children and the parents of
the deceased Amlesh Yadav, who was 28 years of age and employed as a
Field Officer with the Competent Service and stated to be getting
Rs.15,000/- per month. The Tribunal has awarded the compensation under
the various heads, as under:
"1) LOSS OF DEPENDENCY = Rs. 29,83,500/-
2) LOSS OF LOVE AND AFFECTION = Rs. 25,000/-
3) FUNERAL EXPENSES = Rs. 25,000/-
4) LOSS OF ESTATE = Rs. 10,000/-
5) LOSS OF CONSORTIUM = Rs. 10,000/-
===========
Rs.30,53,500/-
Less: Interim award vide order
dated 07.02.2012 = Rs. 50,000/-
===========
TOTAL = Rs.30,03,500/-
===========
3. During the course of hearing, Mr. Nandwani, ld. Counsel for the
appellant submits that the appellant does not extend challenge to the
compensation awarded under the head of loss of dependency in the sum of
Rs.29,83,500/-. In his submissions, as per the ratio of the judgment of the
Supreme Court in 'National Insurance Company Limited vs. Pranay Sethi
and Ors' 2017 SCC OnLine SC 1270, the Supreme Court has prescribed
non-pecuniary compensation under three heads i.e. loss of consortium, loss
of estate and funeral expenses and the figures prescribed there-against are of
Rs.40,000/-, Rs.15,000/- and Rs.15,000/- only, and, that, it does not
prescribe any compensation under the head of loss of love and affection. In
his submissions therefore, the compensation under the head of funeral
expenses, was required to be reduced from Rs.25,000/- to Rs.15,000/-. Let it
be so. When the appellant seeks to apply the scales of compensation
prescribed under Pranay Sethi's case (supra), the compensation under the
other two heads is bound to be increased and in consonance therewith, the
compensation under the head of loss of consortium would be enhanced to
Rs.40,000/- and loss of estate to Rs.15,000/-, respectively. In the given
conspectus of the facts and the law, one cannot then ignore the fact that the
compensation under the head of loss of consortium is not to be restricted
only to spouse. At the time of his death, the deceased has left behind three
small children besides the widow and the parents. In Magma General
Insurance Co. Ltd. vs. Nanu Ram, 2018 SCC Online SC 1546, the Supreme
Court, taking note of Pranay Sethi's case, has noted that consortium is a
compendious term which encompasses spousal consortium, parental
consortium and filial consortium. It is so observed, as under:
"....................................................................................................
.................................................................In legal parlance,
"consortium" is a compendious term which encompasses
'spousal consortium', 'parental consortium', and 'filial
consortium'.
The right to consortium would include the company,
care, help, comfort, guidance, solace and affection of the
deceased, which is a loss to his family. With respect to a spouse,
it would include sexual relations with the deceased spouse.
Spousal consortium is generally defined as rights
pertaining to the relationship of a husband-wife which allows
compensation to the surviving spouse for loss of "company,
society, co-operation, affection, and aid of the other in every
conjugal relation."
Parental consortium is granted to the child upon the
premature death of a parent, for loss of "parental aid,
protection, affection, society, discipline, guidance and
training."
Filial consortium is the right of the parents to
compensation in the case of an accidental death of a child. An
accident leading to the death of a child causes great shock and
agony to the parents and family of the deceased. The greatest
agony for a parent is to lose their child during their lifetime.
Children are valued for their love, affection, companionship
and their role in the family unit................................................
... ... ... ...... ... ... ... ... ... ... ... ... ........................"
4. In the process, the Award has the effect of enhancement of
compensation, though, the claimant-respondent nos.1 to 6, on their part,
have not approached this Court for the purpose. To my mind, this appeal is
an outcome of an Award passed by a Tribunal and not a Civil Court, and,
this appeal has to be construed to be the continuation of the judgment-
Award passed by the Tribunal. Therefore, if, the extant law provides for
higher compensation to the victim, keeping in view the objective of the
beneficial legislation, in which the impugned Award has come to be passed,
any technicality, if any, cannot come in the way. For the foregoing reasons,
the impugned judgment-Award is modified as follows:
Sl. Heads of compensation As per the As per the
No. impugned modified Award
Award
1) LOSS OF DEPENDENCY Rs. 29,83,500/- Rs. 29,83,500/-
2) LOSS OF LOVE AND Rs. 25,000/- ----
AFFECTION
3) FUNERAL EXPENSES Rs. 25,000/- Rs. 15,000/-
4) LOSS OF ESTATE Rs. 10,000/- Rs. 15,000/-
5) LOSS OF CONSORTIUM Rs. 10,000/- Rs. 2,40,000/-
Total Rs.30,53,500/- Rs.32,53,500/-
Less: Interim award vide
order dated 07.02.2012 Rs. 50,000/- Rs. 50,000/-
TOTAL Rs.30,03,500/- Rs.32,03,500/-
5. The enhanced amount shall be deposited by the appellant with the
Tribunal within six weeks from today, failing which, the enhanced
compensation shall bear interest @ 12% p.a. from today. On the deposit so
made by the appellant, the Tribunal shall proceed to apportion and disburse
such enhanced compensation to the respondent nos.1 to 6, on such terms and
conditions, as, it may consider, just and proper, to secure the interest of the
respondent no.1 to 6.
At this stage, Mr. Sarin, ld. Counsel for the claimants submits that in
pursuance of the orders dated 22.01.2014 passed by this Court only 80% of
the Award amount was released, and, that, 20% of the Award amount is still
lying deposited with UCO Bank, Delhi High Court Branch, New Delhi, to
be released on the directions of the Registrar General. In view of the
foregoing, it is directed that the Registrar General shall issue the necessary
directions/instructions for the release of such remaining deposit amount also,
to the claimants-respondents, in consonance with the terms and conditions of
the impugned Award. Security deposit with interest, if any, be released to
the appellant, equally.
6. Appeal and the application stand disposed of accordingly.
A.K. CHAWLA, J.
APRIL 09, 2019
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