Delhi High Court
Ali Hassan & Anr vs Ram Dhan & Ors (M/S New India ... on 17 October, 2019
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 17.10.2019
+ MAC.APP. 1059/2018
ALI HASSAN & ANR ..... Appellants
Through: Mr. Rajeev Sood, Adv.
versus
RAM DHAN & ORS (M/S NEW INDIA ASSURANCE CO LTD )
..... Respondents
Through:
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J (Oral)
1. This appeal impugns the award of compensation dated 06.08.2018
passed by the learned MACT in MACT No. 263/17 on the ground that the
learned Tribunal has erred in not granting compensation towards 'loss of
future prospects' to the deceased home-maker, who was a victim of the
unfortunate motor vehicular accident. The said contention is correct. In
view of the dicta of the Supreme Court in National Insurance Co. Ltd. vs.
Pranay Sethi & Ors., (2017) 16 SCC 680 the claimants would be entitled to
compensation towards 'loss of future prospects' @ 30%, because the
deceased was 48 years of age at the time of the motor accident and falls in
the age bracket of 40-50 years. The same shall be added to the computation
for 'loss of dependency'.
2. Additionally, in Magma General Insurance Co. Ltd. vs. Nanu Ram
@ Chuhru Ram & Ors., 2018 SCC OnLine SC 1546, the Supreme Court
held that each of the claimants shall be entitled to compensation towards
'loss of consortium' and 'loss of love and affection' @ Rs. 40,000/- and Rs.
50,000/- respectively. The same is granted to each of the claimants.
Similarly, compensation towards 'Loss of Estate' and 'Funeral expenses' @
Rs.15,000/- under each head shall also be payable to the claimants as per
Pranay Sethi (Supra). The same is granted.
3. Accordingly, the total amount payable to the claimants is as under:
S.No. Particulars Amount
1. Loss of Dependency Rs. 12,93,465/-
[Rs. 9,568/- (minimum wage) x 12 (months)
x 13 (multiplier) x 130/100 (loss of future
prospects) x 66.66/100 (1/3rd deduction
towards personal expenses)]
2. Loss of love and affection Rs. 1,00,000/-
[Rs. 50,000/- x 2 (claimants)]
3. Loss of consortium Rs. 80,000/-
[Rs. 40,000/- x 2 (claimants)
4. Loss of Estate Rs.15,000/-
5. Funeral Expenses Rs.15,000/-
TOTAL Rs. 15,03,465/-
Less Rs. 5,67,536/- (amount awarded by Ld. Rs. 9,35,929/-
Tribunal) Rs. 15,03,465/- less Rs. 5,67,536/-
4. The insurance company is stated to have paid the monies in terms of
the scheme of disbursement specified in the impugned Award. Let the
enhanced amount of Rs. 9,35,929/-, alongwith interest @ 9% from the date
of filing of the claim petition till its realization, be deposited before the
learned Tribunal within three weeks from the date 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.
5. The appeal is disposed-off in the above terms.
NAJMI WAZIRI, J
OCTOBER 17, 2019
AB
