Delhi High Court
Oriental Insurance Co. Ltd. vs Seema Nahata & Ors. on 1 August, 2019
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 01.08.2019.
+ MAC.APP. 450/2018 & CM No.19287/2018
ORIENTAL INSURANCE CO LTD ..... Appellant
Through: Mr. R.K. Tripathi, Advocate.
Versus
SEEMA NAHATA & ORS ..... Respondents
Through: Mr. P.C. Dogra, Advocate for R-1 to
R-3.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J. (Oral)
1. This appeal impugns the award of compensation on the ground that
the learned Tribunal has taken the minimum wages applicable in
Delhi, for computation of "loss of dependency". It is the appellant's
case that PW-1, the widow of the deceased, had deposed that her
husband was in a private job with M/s. Karunamai Creation in
Kolkata and was earning an amount of Rs. 15,000/- per month.
However, she was unable to bring on record any document to prove
the said earning. The claimants have placed on record the statement
of marks of Senior Secondary School Examination of the deceased
proving that he had passed the examination. Accordingly, the
minimum wages applicable to a matriculate in Delhi at the relevant
time was taken into consideration. However, the Court would note
that it is nowhere stated that the deceased was working in Delhi,
instead it has been clearly stated that he was working in Kolkata.
2. The Senior Secondary School Examination marksheet was obtained
from Bikaner, apropos, the examination conducted in a school in
Bikaner. His residential address is also not shown to be in Delhi.
Indeed, the DAR shows that he was a resident of Bikaner, Rajasthan
and even in the MLC, his address is mentioned as that of Bikaner.
3. In these circumstances, the adoption of the minimum wages
applicable to a matriculate in Delhi is erroneous and is set aside. The
rate applicable to a matriculate in Bikaner would be applicable,
especially because there is nothing on record to show that he was
working in Kolkata. The rate applicable for a matriculate in Bikaner at
the relevant time was Rs. 5,746/-. Adopting the said figure, the
amount payable towards "loss of dependency" would be Rs.
5,746x12x17x2/3 i.e. Rs. 7,81,456/-. This sum shall be payable
alongwith the non-pecuniary heads at the rate of Rs. 50,000/- towards
"loss of love and affection" and Rs. 15,000/- towards funeral expenses
in terms of the dicta of the Supreme Court in Magma General
Insurance Company Limited vs. Nanu Ram Alias Chauhan Ram &
Other, 2018 SCC OnLine SC 1546. Only Rs. 40,000/- has been
granted towards "loss of consortium", though it does not specify
whether it is towards "loss of filial consortium" or "parental
consortium". The claimants i.e. the widow and the parents of the
deceased, would each be entitled to consortium at the rate of Rs.
40,000/-, the widow towards "spousal consortium" and parents
towards "filial consortium" as per Magma (supra).
4. Therefore, let a fresh computation of the compensation be made by
the insurance company in terms of the above, within four weeks of
receipt of this order.
5. The Court is informed that the entire amount awarded by the learned
Tribunal stands deposited. However, if there is a shortfall in terms of
the fresh computation, as directed hereinabove, the said deficit shall
be filled-up by the insurance company within four weeks and the
awarded amount shall be released to the beneficiaries of the award, in
terms of the scheme of disbursement specified therein.
6. Excess amounts, if any, alongwith interest accrued thereon, shall be
returned to the appellant alongwith the Rs. 25,000/- statutory deposit
with interest accrued thereon.
7. The appeal is disposed off in the above terms.
NAJMI WAZIRI, J.
AUGUST 01, 2019
AB
