Delhi High Court
Iffco Tokio General Insurance Co ... vs Kishan Lal Sharma & Ors on 1 November, 2019
KAMLESH KUMAR
13.11.2019 16:04
$~26 & 27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 01.11.2019
+ MAC.APP. 1046/2016
IFFCO TOKIO GENERAL INSURANCE CO LTD ..... Appellant
versus
KISHAN LAL SHARMA & ORS ..... Respondents
+ MAC.APP. 748/2017
KISHAN LAL SHAMRA & ORS ..... Appellants
versus
IFFCO TOKIO GENERAL INSURANCE
CO LTD & ANR ..... Respondents
Through: Mr. Brijesh Bagga, Advocate for
appellant in item 26 and for R-1 in
item 27.
Mr. Ravi Sabharwal, Advocate for
respondents in item 26.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J (Oral)
CM APPL. 47433/2019 in MAC.APP. 1046/2016 & CM APPL. 47437/2019
in MAC.APP. 748/2017
1. Issue notice.
2. The learned counsel named above accepts notice on behalf of the non-
applicant-insurance company.
3. These applications seek early hearing of the appeals. For the reasons
mentioned in the application, they are allowed.
4. The applications stand disposed-off.
MAC.APP. 1046/2016 & MAC.APP. 748/2017
5. At joint request, the appeals are taken up for disposal.
6. These appeals impugn the award of compensation dated 17.08.2019
passed by the learned MACT in Suit No. 115/15 on the ground that the
deceased was a 24 year old qualified computer engineer. He was working as
a professional in a private company at a salary of Rs. 21,000/-.
Nevertheless, his revenue for the year was shown to be about Rs. 3,00,000/-.
Accordingly, Rs.3,20,357/- was taken as the annual earning and 50% of the
same was deducted towards his personal expenses as only the parents were
considered as the financial dependants; 50% was added towards 'loss of
future prospects' and thus, the 'loss of dependency' was so calculated.
7. The learned counsel for the insurance company submits that the
income was never proven, therefore, assumption of Rs.3,20,357/- as the
annual income is erroneous.
8. The Court would note that the deceased was a qualified computer
engineer, he had already earned Rs. 21,000/- from earlier company and the
other monies which were credited into his account were through NEFT
transfers. PW-1 the mother of the deceased had deposed that he was
rendering services in the computer industry as per his qualification and the
said revenue was generated as a result of his skills, these transactions would
ordinarily be from corporate entities and the same could have been verified.
9. The Court is of the view that there is no error in having taken the said
amount as the bank statement was available to the insurer during the trial
proceedings and nothing adverse has come on record to show that the
monies did not come from corporate entities or that they were from other
sources. In the circumstances, the assessment of the learned Tribunal that
the said monies were from professional sources cannot be flawed.
10. The Court would further note that the multiplier on the basis of the
parents has been taken into consideration instead the multiplier applicable to
the age of the deceased. Accordingly, the multiplier of 18 would be
applicable.
11. The learned counsel for the insurance company states that the
deceased had a personal accident policy under which Rs. 2,00,000/- was
paid to the claimants and the said amount ought to have been deducted from
the awarded amount in view of the dicta of the Supreme Court in Helen C.
Rebello (Mrs) and Ors. vs. Maharashtra State Road Transport
Corporation and Anr. (1991) 1 SCC 90. The learned counsel for the
respondents readily agrees that Rs. 2,00,000/- may be deducted from the
said amount. It is ordered to be deducted.
12. The Court would note that there are three claimants, therefore, each of
the claimants would be entitled to non-pecuniary compensation for 'loss of
love and affection' and 'loss of consortium', be it 'filial' or 'fraternal'.
While the sister may, in the present circumstances, not be dependant upon
the deceased, nevertheless, she has lost a brother, his company and his love
and affection. Therefore, she too would be entitled to compensation of
Rs. 50,000/- towards 'loss of love and affection' and Rs. 40,000/- towards
'loss of consortium' in terms of the dicta of the Supreme Court in Magma
General Insurance Co. Ltd. vs. Nanu Ram @ Chuhru Ram & Ors., 2018
SCC OnLine SC 1546. It is so granted. The claimants would also be
entitled to and are granted compensation towards 'Loss of Estate' and
'Funeral Expenses' @ Rs.15,000/- under each head, in terms of the dicta of
the Supreme Court in National Insurance Company Limited vs. Pranay
Sethi & Ors., (2017) 16 SCC 680.
13. The enhanced amount payable to the claimants is as under:
S.No. Particulars Amount
1. Loss of Dependency Rs. 43,24,820/-
[Rs. 3,20,357/- (annual income of the
deceased) x 18 (multiplier) x 150/100 (50%
loss of future prospects) x 50/100 (50%
deduction towards personal expenses)]
2. Loss of love and affection Rs. 1,50,000/-
[Rs. 50,000/- x 3 (claimants)]
3. Loss of consortium Rs. 1,20,000/-
[Rs. 40,000/- x 3 (claimants)]
4. Loss of Estate Rs. 15,000/-
5. Funeral Expenses Rs. 15,000/-
TOTAL Rs. 46,24,820/-
14. Let the entire amount payable @ 9% from the date of filing of the
claim petition till its realization, be deposited before the learned Tribunal
within three weeks from the date of receipt of copy of this order to be
released to the beneficiary(ies) of the Award in terms of the scheme of
disbursement specified therein.
15. Since the appellant has partially succeeded in MAC.APP. 1046/2016,
the statutory amount, alongwith interest accrued thereon be returned to it.
16. The appeals are disposed-off in the above terms.
17. A copy of this order be given dasti to the learned counsel for the
parties under the signature of the Court Master.
NAJMI WAZIRI, J
NOVEMBER 01, 2019/AB
