Delhi High Court
National Insurance Co Ltd vs Sarla & Ors on 1 October, 2019
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 01.10.2019
+ MAC.APP. 612/2015 & CM APPL. 13665/2015
NATIONAL INSURANCE CO LTD ..... Appellant
Through: Mr. Pankaj Seth, Advocate.
versus
SARLA & ORS ..... Respondents
Through: Mr. Divakar Sharma, 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 10.04.2015
passed by the learned MACT in Case No. 385/2014 on the sole ground that
the learned Tribunal had assumed that it was "a well-known fact that police
personnel are getting salary for 13 months in a year".
2. This Court is of the view that the payment of salaries to Government
employees, especially to police men could have been easily verified by the
employer i.e. the Punjab Police, guess work in this regard would be
inappropriate. In the circumstance, the case is remanded to the learned
Tribunal for determination of this issue. Nevertheless, there is no dispute of
payment of salaries for, at least, twelve months of the year. The dispute
would, therefore, be only for the income of 13th month plus 50% addition
thereon towards 'loss of future prospects'.
3. The Court would note that the compensation awarded to the
claimants on account of 'loss of consortium' and 'loss of love and affection'
is Rs. 1,00,000/- each. However, in view 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 of the claimants would be entitled
to compensation for 'loss of consortium' and 'loss of love and affection' @
Rs. 40,000/- and Rs. 50,000/- respectively. In effect, the amounts payable
under these two heads would be Rs. 1,60,000 plus Rs. 2,00,000/-.
4. Additionally, the claimants shall also be payable compensation
towards 'funeral expenses' and 'loss of estate' @ Rs. 15,000/- each i.e. Rs.
30,000/- as per the dicta of the Supreme Court in National Insurance Co.
Ltd. v. Pranay Sethi & Ors., (2017) 16 SCC 680.
5. The amount payable to the claimants shall be:
S.No. Particulars Amount
1. Loss of Dependency Rs. 44,92,665/-
[Rs. 33,279/- (Rs. 22,186/- plus 50%) x 12
(months) x 15 (multiplier) x 75/100 (1/4th
deduction towards personal expenses)]
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. Loss of Estate Rs. 15,000/-
5. Funeral Expenses Rs. 15,000/-
TOTAL Rs. 48,82,665/-
6. For the moment, the total amount payable to the claimants is Rs.
48,82,665/-. Let the same be deposited, alongwith interest @ 9% p.a. from
the date of filing of the claim petition till its realization, before the learned
Tribunal, within three weeks 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.
7. Apropos the assessment of the thirteenth month salary, the case is
remanded to the learned Tribunal for determination upon due confirmation
of such payment on a regular basis to the employees of Punjab Police, by the
employer of the deceased. The parties shall appear before the learned
Tribunal on 21.01.2020. LCR be returned to the learned Tribunal before
which the parties shall appear on the aforesaid date. Since this is a very
minor issue, the learned counsel for the parties shall request the learned
Tribunal to dispose it off within a period of three months.
8. Since the appellant has been partly successful in its appeal, the
statutory amount alongwith interest accrued thereon, be returned to the
appellant.
9. The appeal is disposed-off in the above terms.
NAJMI WAZIRI, J
OCTOBER 01, 2019
AB
