Manju Devi & Ors vs Mohd Sabir & Ors (Cholamandalam Ms ...
2019 Latest Caselaw 6430 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                                 decided on: 10.12.2019

+      MAC.APP. 523/2019
       MANJU DEVI & ORS                          ..... Appellants
                     Through:        Mr.S.N. Parashar, Advocate.

                          versus

    MOHD SABIR & ORS (CHOLAMANDALAM MS GEN INS CO
    LTD )                             ..... Respondent
                  Through: Mr.Pankaj Gutpa for Ms. Suman
                           Bagga, Advocate for respondent
                           No.3.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI

NAJMI WAZIRI, J (Oral)

CM App Nos. 21191/2019 and 21328/2019

1.     For the reasons stated in the applications, the delay of 11 days and
delay of 25 days in re-filing are condoned. The applications stand disposed
off.
MAC.APP. 523/2019
2.     Issue Notice.
3.     The learned counsel named above accepts notice. At joint request the
appeal is taken up for disposal.
4.     This appeal impugns the award of compensation dated 27.11.2018
passed by the learned MACT in MAC No. 2208/2016 on the ground that the
multiplier of 17 has been wrongly applied. The deceased was 18 years of




MAC.APP.523-2019                                                Page 1 of 2
 age at the time of the unfortunate motor accident. The error is apparent.
Accordingly, the multiplier of 18 shall be made applicable instead of 17 as
per the decision of the Supreme Court in Sarla Verma vs. Delhi Transport
Corporation, (2009) 6 SCC 121.
5.    The Court would note that compensation towards non-pecuniary head
of "loss of consortium" has been granted @ Rs. 40,000/-. There are two
claimants, each of them shall be entitled to compensation of Rs. 40,000/-
and Rs. 50,000/- towards „loss of consortium‟ and „loss of love and
affection‟ respectively, in terms of the dicta of Supreme Court in Magma
General Ins. Co. Ltd. vs Nanu Ram @ Chuhru Ram, 2018 SCC OnLine SC
1546. The same is granted to them.
6.    Let the aforesaid enhanced amount be paid by the insurer to the
claimant alongwith interest @ 9% from the date of filing of the claim
petition till its realization, within three weeks from date of receipt of copy of
this order. The other amounts of „loss of dependency‟, etc. computed in
terms of the above, shall be deposited before the learned Tribunal with the
same rate of interest and within the same period, to be released to the
beneficiary(ies) of the award in terms of scheme of disbursement specified
therein.

7.    The appeal is disposed off in the above terms.




                                               NAJMI WAZIRI, J.

DECEMBER 10, 2019 neelam