Delhi High Court
Inderwati & Ors vs Paramand Sharma & Ors (Hdfc Ergo ... on 21 October, 2019
KAMLESH KUMAR
04.11.2019 16:15
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 21.10.2019
+ MAC.APP. 833/2019
INDERWATI & ORS ..... Appellants
Through: Mr. Arihant Jain, Advocate.
versus
PARMANAND SHARMA & ORS (HDFC ERGO GENERAL
INSURANCE CO LTD) ..... Respondents
Through: Mr. Abhay Singh Bhadoria, Advocate
for Insurance Company.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J (Oral)
CM APPL. 46118/2019 (Exemption)
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed-off.
CM APPL. 46119/2019 (for delay)
3. For the reasons mentioned in the application, it is allowed. The delay
in filing the appeal is condoned.
4. The application stands disposed-off.
MAC.APP. 833/2019
5. Issue notice. The learned counsel named above accepts notice.
6. At joint request, the appeal is taken up for disposal.
7. This appeal seeks enhancement of the award of compensation dated
17.11.2018 passed by the learned MACT in MACP No. 296/18, on the
ground that compensation towards 'loss of future prospects' has not been
granted, while it is payable @ 25% to the appellant in terms of dicta of
Supreme Court in National Insurance Co. Ltd. v. Pranay Sethi & Ors.
(2017) 16 SCC 680. The appellants' contention is valid. Therefore, they are
granted 25% addition towards 'loss of future prospects'. Furthermore, the
deceased was 45 years of age at the time of the motor vehicular accident i.e.
he had not attained the age of 46 years. Therefore, the multiplier of 14 ought
to have been taken into consideration instead of 13. The error is apparent.
The impugned order is modified to the extent that the multiplier of 14 shall
be applied.
8. It is further contended by the learned counsel for the appellant that the
minimum wages applicable to a Matriculate was not taken into consideration
despite the High School Certificate of the deceased, being on record. The
said argument is valid. The minimum wages for Matriculate at the relevant
time was Rs. 8,140/-. Accordingly, the same shall be made applicable.
9. There are six claimants to the claim petition. The Court would note
that only Rs.40,000/-has been granted towards 'loss of consortium'. In
terms of the dicta of the Supreme Court in Magma General Insurance Co.
Ltd. v. Nanu Ram Alias Chuhru Ram & Ors. 2018 SCC OnLine SC 1546,
each of the claimants are entitled to compensation towards 'loss of
consortium' @ Rs.40,000/-. Additionally, they are each entitled to
compensation towards 'loss of love and affection' @Rs.50,000/- each. It is
so granted.
10. Thus, the amount payable to the claimants shall be as under:-
S.No. Particulars Amount
1. Loss of future prospects Rs. 12,82,050/-
[(Rs. 8,140/- (monthly income) x
12(months) x 14 (multiplier) x
125/100 (25% future prospects) x
75/100 (1/4th deduction towards
personal expenses)
2. Loss of love and affection Rs. 3,00,000/-
[Rs. 50,000 x 6 (claimants)]
3. Loss of consortium Rs. 2,00,000/-
[Rs. 40,000 x 6 (claimants) less Rs.
40,000/- (already granted)]
TOTAL Rs. 17,82,050/-
11. Let the enhanced amount of Rs.8,46,250/-, alongwith interest thereon
@ 9% from the date of the filing of the petition till its realization, be
deposited by the insurer, within three weeks from date of receipt of a copy
of this order. Upon deposit, the said monies shall be released to the
beneficiaries of the Award, in terms of the scheme of disbursement specified
therein.
12. The appeal stands disposed-off in the above terms.
NAJMI WAZIRI, J
OCTOBER 21, 2019
RW
