Delhi High Court
Bharti Axa General Insurance Co ... vs Indu Gupta & Anr on 28 November, 2019
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 28.11.2019
+ MAC.APP. 513/2015 & CM APPL. 11623/2015
BHARTI AXA GENERAL INSURANCE CO LTD ..... Appellant
Through: Mr. Vikas Bhadana, Advocate.
versus
INDU GUPTA & ANR ..... Respondents
Through: Mr. Vineet Chadha and Mr. Ajay
Kumar, Advocates.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J. (Oral)
1. This appeal impugns the award of compensation dated 30.03.2015
passed by the learned MACT in MACP No. 784/13 on the ground that it has
erroneously considered the parents-in-law of the deceased as dependent
upon her.
2. The Court would note that the claimants have pleaded that they are
dependent upon their daughter-in-law whom they lost in a gruesome motor
accident which occurred on 30.12.2012 alongwith their younger son and two
minor grand children. In their evidence by way of affidavit they stated as
under:-
"11. I say that the deceased was young, energetic, hale and
hearty and he was enjoying good health at the time of the
accident. Had she not died in the said accident, she would
have lived at least up to the age of 90 years. The deceased and
her husband were maintaining the petitioners. Apart from the
financial support and losses the petitioners have suffered
mental agony, pains and will have to suffer throughout their
lives. That due to sudden demise of the deceased the future of
the petitioners has been ruined. The lives of petitioners has
been completely ruined due to the sudden death of the
deceased who was their daughter-in-law. Petitioners have lost
their daughter-in-law and her love and affection at an old age
and such stage of life when they require the care and help,
both monetary and physical which only the deceased was in a
position to give them. All the respondents are jointly and
severally liable to pay the compensation to the petitioners. The
principle of 'res-ipsa-loquitor' applies in this case."
3. In the cross-examination, their claim of dependency was never an
issue and no questions were raised apropos the same. The claimant-Ms. Indu
Gupta was examined. She subsequently appeared on 23.09.2017 before the
learned Tribunal again, after the cross examination was closed. In effect, the
claim of dependency upon the deceased/daughter-in-law was accepted by
the appellant. The deceased was living with her parents-in-law, the
claimants, as one family unit. She, as a bahu, was as much a part of the
family as her husband, the son of the claimants. Hence for the appellants to
doubt the same at this stage is without any basis.
4. The appeal is without merit and is accordingly dismissed.
5. The statutory amount, alongwith interest accrued thereon, be
deposited into the 'AASRA' Fund created by this Court.
NAJMI WAZIRI, J
NOVEMBER 28, 2019
AB/RW
