Delhi High Court
Bharti Axa General Insurance ... vs Rajni Yadav & Ors on 30 October, 2019
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 30.10.2019
+ MAC.APP. 737/2017 & CM APPL. 29686/2017 & 29688/2017
BHARTI AXA GENERAL INSURANCE COMPANY LTD.
..... Appellant
Through: Mr. Navneet Kumar, Adv. with
Mr. Mohit Singh, Adv.
versus
RAJNI YADAV & ORS ..... Respondents
Through: Mr. P.C. Dogra, Adv.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J (Oral)
1. This appeal impugns the award of compensation dated 06.03.2017
passed by the learned MACT in MACP No. 1440/16 on the ground that
against the varying monthly salary of the deceased, the higher component is
inclusive of breakfast and lunch, which was personal allowance to the
deceased, has been taken as the basis of computation of compensation.
2. The deceased was working as a driver. His salary included Basic,
Special Allowance, GWR (Good Work Reward) and Outstation allowance
(which was understood as Inconvenience allowance) and mobile expenses.
The last expense varies from month to month. For a fair assessment,
average salary of three months will be taken and average deduction towards
breakfast and lunch shall be deducted therefrom. The salary for three
months, i.e. for February, 2013 was 27,167/-, for March, 2013 was Rs.
21,259/- and for April, 2013 was Rs. 22,631/-. The average of three months'
salary comes out to Rs. 23,686/-. From this average, deduction towards
breakfast and lunch shall be made which is as under:
S. No. Month Breakfast Lunch Total
1 February, 2013 Rs. 1,520/- Rs. 1,520/- Rs. 3,040/-
2. March, 2013 Rs. 880/- Rs. 880/- Rs. 1,760/-
3. April, 2013 Rs. 1,120/- Rs. 1,120/- Rs. 2,240/-
Rs. 7,040/-
3. Accordingly, the salary of the deceased shall be taken as Rs. 16,646/-
(Rs. 23,686/- less Rs. 7,040/-) for computation of 'loss of dependency'.
4. The Court would note that there are five claimants, therefore, in terms
of the dicta of Supreme Court in Magma General Insurance Co. Ltd. vs.
Nanu Ram @ Chuhru Ram & Ors., (2018) 18 SCC 130, each of the
claimants would be entitled to non-pecuniary compensation for 'loss of love
and affection' and 'loss of consortium', be it 'filial' or 'fraternal'.
Accordingly, they are granted compensation @ Rs. 50,000/- and Rs.
40,000/- towards 'loss of love and affection' and 'loss of consortium',
respectively.
5. The impugned order has granted compensation towards 'Loss of
Estate' and 'Funeral Expenses' @ Rs. 1,00,000/- and Rs. 25,000/-,
respectively. Whereas, it should have been Rs. 15,000/- under each head, in
terms of the dicta of the Supreme Court in National Insurance Co. Ltd. vs.
Pranay Sethi & Ors (2017) 16 SCC 680. It is so granted.
6. The amount payable to the claimants is as under:-
S.No. Particulars Amount
1. Loss of Dependency Rs. 33,70,815/-
[Rs. 16,646/- (income of the deceased) x
12 (months) x 15 (multiplier) x 150/100
(loss of future prospects) x 75/100 (1/4th
deduction towards personal expenses)]
2. Loss of love and affection Rs. 2,50,000/-
[Rs. 50,000/- x 5 (claimants)]
3. Loss of consortium Rs. 2,00,000/-
[(Rs. 40,000/-x 5 (claimants)]
4. Loss of Estate Rs. 15,000/-
5. Funeral Expenses Rs. 15,000/-
TOTAL Rs. 38,50,815/-
7. The learned Tribunal has awarded interest @ 10% p.a. from the date
of filing of the petition till its realization. The same is reduced to 9%. p.a.
Let the aforesaid amount alongwith interest @ 9% p.a.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 beneficiaries of the Award in terms of the scheme of
disbursement specified therein.
8. The statutory amount, alongwith interest accrued thereon, shall be
returned to the appellant.
9. The appeal is disposed-off in the above terms.
NAJMI WAZIRI, J
OCTOBER 30, 2019
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