Delhi High Court
Bharti Axa General Insurance Co ... vs Madhusudan Prasad Gupta & Ors on 15 November, 2019
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 15.11.2019
+ MAC.APP. 520/2017 & CM No.21784/2017
BHARTI AXA GENERAL INSURANCE CO LTD ..... Appellant
Through Ms.Arunima Dwivedi, Adv. and
Mr.Preeti Kumra, Adv.
versus
MADHUSUDAN PRASAD GUPTA & ORS. ..... Respondents
Through Ms.Sarika Goel, Adv. for R-1 to R-4.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J. (Oral)
1. This appeal impugns the award of compensation dated
16.03.2017 passed by the learned MACT in MAC No.244/2014 (New
No.392/16) on the ground that in the monies earned by the deceased
home-maker, no deduction has been made towards 'personal
expenses' while computing the loss of dependency.
2. This Court in its judgment passed in Royal Sundaram Alliance
Insurance Co Ltd. Vs. Dinesh & Ors. (MACA. No.914/2017
Dt.18.09.2019) has already dealt with this issue and held that monies
earned by a home-maker was ordinarily for building of corpus for use
by the family on rainy days. Relevant para 2 of this judgment reads
as under:-
"2. The learned counsel for the appellant submits
that there should be a deduction of 1/3rd of the
compensation towards her personal expenses. The said
contention is untenable because the claimants were not
dependent upon her earnings. She was essentially a
home-maker and the economic value of her assistance to
the family was quantified in the award. It is not the
appellant's case that the husband of the deceased was not
and is not supporting his family financially. It is to be
kept in mind that what a home-maker earns would
normally stay with her as a private provident fund to be
used for the family in times of need. Often families get
surprised when mothers and home-makers suddenly fish
out funds from their savings over the years, for a surprise
purchase for their kith and kin. It is this assiduous
accumulation of monies over the years, for the mother's
love of her family, which comes in handy on rainy days."
3. The same is the position in the present case. The impugned
order calls for no interference on this ground. The appellant's
argument is untenable and is, accordingly, rejected.
4. The learned counsel for the appellant further contends that the
funeral and transport expenses of Rs.25,000/- are on the higher side
and it should be Rs.15,000/- in terms of the decision of the Supreme
Court in National Insurance Co. Ltd. vs. Pranay Sethi & Ors. (2017)
16 SCC 680. The argument is correct. The same is granted @
Rs.15,000/- and compensation is also granted towards 'loss of estate'
@ Rs. 15,000/-, in terms of the same judgment.
5. The Court would note that the claimants have been awarded
only Rs.20,000/- and Rs.50,000/- towards 'loss of consortium' and
'loss of love and affection' respectively, but each of the claimants
would be entitled to and are awarded Rs.40,000/- & Rs.50,000/-
respectively, towards 'loss of consortium' and 'loss of love and
affection' in terms of Magma General Insurance Co. Ltd. vs. Nanu
Ram @ Chuhru Ram & Ors., 2018 SCC OnLine SC 1546.
6. Thus the amount payable shall be calculated as under:-
S.No. Particulars Amount
1. Loss of dependency Rs. 12,21,480/-
2. Loss of Love and Affection Rs. 2,00,000/-
[Rs. 50,000 x 4 (claimants)]
3. Loss of Consortium Rs. 1,60,000/-
[Rs. 40,000 x 4 (claimants)]
4. Funeral Expenses Rs. 15,000/-
5. Loss of Estate Rs. 15,000/-
TOTAL Rs. 16,11,480/-
Less Rs. 13,16,480/- (the amount Rs. 2,95,000/-
already awarded by learned Tribunal)
7. Let the enhanced amount of Rs. 2,95,000/- be paid to the
beneficiaries of the Award along with interest @9% per annum (and
not @10%) from the date of filing of the claim petition till its
realization, to be released to the beneficiaries of the Award, in terms
of the scheme of disbursement specified therein.
8. In view of the above, the appeal alongwith pending applications
is disposed-off.
9. The statutory amount, along with interest accrued thereon, be
returned to the appellant.
NAJMI WAZIRI, J
NOVEMBER 15, 2019/aa
