Delhi High Court
U P State Road Transport ... vs Rama Chugh & Ors on 20 November, 2019
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 20.11.2019
+ MAC.APP. 885/2017 & CM APPL. 35946/2017
U P STATE ROAD TRANSPORT CORPORATION ..... Appellant
Through: Mr. Shadab Khan, Advocate.
versus
RAMA CHUGH & ORS .....Respondents
Through: Ms. Niti Chaudhary, Advocate (Mob.
8287282851).
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J (Oral)
1. This appeal impugns the award of compensation dated 31.05.2017
passed by the learned MACT in MACT Case No. 449961/16 (Old No.
11/15) on the ground that compensation granted towards 'loss of love and
affection' and 'loss of consortium' are on the higher side.
2. The argument is untenable because 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, each claimant would be
entitled to Rs. 50,000/- and Rs. 40,000/- as compensation towards 'loss of
love and affection' and 'loss of consortium' respectively. The same are
granted to the claimants. Additionally, the Court would note that the
computation for 'loss of estate' has been quantified at Rs. 50,000/- and for
'loss of funeral expenses' the computation has been quantified at Rs.
25,000/-. Both these amounts are reduced to Rs. 15,000/- each in terms of
the dicta of the Supreme Court in National Insurance Co. Ltd. vs. Pranay
Sethi & Ors., (2017) 16 SCC 680. Therefore, the amounts payable under the
aforesaid four heads would be as under:
Sl. Head Amount
No.
1 Loss of love and affection Rs. 2,00,000/-
[Rs. 50,000 x 4 (claimants)]
2 Loss of Consortium Rs. 1,60,000/-
[Rs. 40,000 x 4 (claimants)]
3 Loss of Estate Rs. 15,000/-
4 Funeral Expenses Rs. 15,000/-
TOTAL Rs. 3,90,000/-
3. Let the aforesaid amount of Rs. 3,90,000/- be paid to the claimants,
alongwith interest accrued @ 9% from the date of filing of the claim petition
till its realization. The aforesaid amounts, if not already deposited, shall be
deposited before the learned Tribunal within three weeks from the date of
receipt of the copy of this order for it to be released to the beneficiary(ies) of
the Award in terms of the scheme of disbursement specified therein.
4. Secondly, the appellant seeks reduction of the amount awarded
towards re-imbursement of medical bills, by the quantum paid by the
insurer, as per the claimants' medical policy. According to the bill dated
23.05.2014 (at page 71 of the LCR), the total bill of Rs. 9,01,673.66/- was
raised for the treatment of Mr. Chaman Lal Arora; there was a discount of
Rs. 1,26,674/-; Rs. 4,00,000/- was paid by the mediclaim insurer under the
Family Health Plan Limited (GIPSA) (SHBG). Hence, the said amount of
Rs. 4,00,000/- would be deducted. Therefore, the remaining amount of Rs.
3,74,999.66/- (Rs. 9,01,673.66/- - Rs. 1,26,674/- - Rs. 4,00,000/-) shall be
reimbursed to the appellant.
5. The appeal is disposed-off in the above terms.
6. Since the appellant has partially succeeded in the appeal, the statutory
amount, alongwith interest accrued thereon, be returned to the appellant.
Excess amounts, if any, too shall be returned to the appellant.
NAJMI WAZIRI, J
NOVEMBER 20, 2019
AB
