Diksha Sharma & Ors vs Roshan Thakur & Ors (M/S Icici ...
2019 Latest Caselaw 5488 Del

                                                            KAMLESH KUMAR

                                                            13.11.2019 16:04

$~4
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                                    Decided on: 07.11.2019
+             MAC.APP. 487/2019 & CM APPL. 18991/2019
       DIKSHA SHARMA & ORS                                      ..... Appellants
                           Through:     Mr. D.K. Sharma, Advocate.
                           versus

       ROSHAN THAKUR & ORS (M/S ICICI LOMBARD GENERAL
       INSURANCE CO LTD)                   ..... Respondents
                           Through:     Mr. Pankaj Gupta, Advocate for R-3.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J. (Oral)

CM APPL. 18992/2019 (for delay in re-filing)

1. For the reasons mentioned in the application, it is allowed.

2. The delay in re-filing the appeal is condoned.

3. The application stands disposed-off. MAC.APP. 487/2019 & CM APPL. 18991/2019

4. Issue notice.

5. The learned counsel named above accepts notice on behalf of the insurance company.

6. At joint request, the appeal is taken up for disposal.

7. The appellant impugns the award of compensation dated 15.11.2018 passed by the learned MACT in MACP No. 6269/16, on the ground that in the case of fatal motor vehicular accident, compensation of only Rs. 40,000/- has been granted towards 'loss of love and affection'.

8. The Court would note that no amount has been granted towards 'loss of consortium'.

9. There are five claimants. In view of the dicta of the Supreme Court in Magma General Insurance Co. Ltd. v. Nanu Ram Alias Chuhru Ram & Ors. 2018 SCC OnLine SC 1546, each of the claimants would be entitled to and are hereby granted compensation towards 'loss of love and affection' and 'loss of consortium' @ Rs. 50,000/- and Rs. 40,000/-, respectively.

10. The amount payable to the claimants is as under:-

        S.No.              Particulars                        Amount
        1.      Loss of Love and Affection                  Rs. 2,10,000/-
                [Rs. 50,000/- x 5 (claimants) less
                Rs. 40,000/- (already awarded)]
        2.      Loss of Consortium                          Rs. 2,00,000/-
                [Rs. 40,000/- x 5 (claimants)]
                     TOTAL                                  Rs. 4,10,000/-

11. The aforesaid amount of Rs. 4,10,000/-, alongwith interest accrued thereon @ 9% from the date of the filing of the Claim Petition till its realisation, be deposited by the insurer before the learned Tribunal, within three weeks of receipt of a copy of this order, to be released to the beneficiaries of the Award, in terms of the scheme of disbursement specified therein.

12. The appeal stands disposed-off in the above terms.

NAJMI WAZIRI, J NOVEMBER 07, 2019 RW