Delhi High Court
Ramesh Chand & Ors vs National Insurance Co Ltd & Ors on 31 October, 2019
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 31.10.2019
+ MAC.APP. 265/2018 & CM No. 9338/2018
RAMESH CHAND & ORS ..... Appellants
Through: Mr. Anshuman Bal, Adv.
versus
NATIONAL INS CO LTD AND ORS ..... Respondents
Through: Ms. Seema Gulati, Adv.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J (Oral)
1. The appellant impugns the award of compensation, insofar as it has
carried out deductions from the income of the deceased twice over. The
notional income of the deceased was taken as Rs. 7,605/- instead of Rs.
10,140/- i.e. minimum wage payable to a non-matriculate. There are a total
of ten claimants of whom six were financially dependent upon him.
Therefore, the quantum of personal deduction ought to have been 1/4th.
2. Furthermore, the deceased was 56 years of age at the time of the
motor accident. In addition he would be entitled to 10% towards loss of
future prospect as per dicta of the Supreme Court in National Insurance Co.
Ltd. v. Pranay Sethi & Ors, (2017) 16 SCC 680.
3. Accordingly, the „loss of dependency‟ shall be calculated as under:
Rs. 10,140/- (minimum wages) x 12 (months) x 9 (multiplier) x
75/100 (1/4th deduction towards personal expenses) x 110/100 (loss of future
prospects) = Rs. 9,03,474/-
4. The Court would note that appellant nos. 1 to 9 are all children of the
deceased, of whom only six were financially dependent upon him.
Nevertheless, each of the claimants including those not financially
dependent on the deceased, being his children would be entitled to and are
granted non-pecuniary compensation towards "loss of love and affection"
and "loss of consortium" @ Rs. 50,000/- and Rs. 40,000/- respectively as
per the dicta of the Supreme Court in Magma General Insurance Co. Ltd.
vs. Nanu Ram @ Chuhru Ram & Ors., 2018 SCC OnLine SC 1546.
Additionally, compensation towards 'Loss of Estate' and 'Funeral Expenses'
shall also be payable @ Rs. 15,000/- under each of the heads as per the
decision of the Supreme Court in Pranay Sethi (supra). Accordingly, the
total payable amount would be as under:
S.No. Particulars Amount
1. Loss of Dependency Rs. 9,03,474/-
[Rs. 10,140 (minimum wages) x 12
(months) x 9 (multiplier) x 75/100
(deduction towards personal
expenses) x 110/100 (loss of future
prospects)
2. Loss of love and affection Rs. 5,00,000/-
[Rs. 50,000 x 10 (claimants)]
3. Loss of consortium Rs. 4,00,000/-
[Rs. 40,000 x 10 (claimants)]
4. Loss of Estate Rs. 15,000/-
5. Funeral Expenses Rs. 15,000/-
TOTAL Rs. 18,33,474/-
Less (amount already awarded by learned Rs. 10,85,914/-
Tribunal)
[Rs. 18,33,474/- less Rs. 7,47,560/-]
5. Let the enhanced amount of Rs. 10,85,914/- alongwith interest @ 9%
from the date of the filing of the claim petition till its realization be
deposited before the learned Tribunal, within three weeks from date of
receipt of copy of this order, to be disbursed to the beneficiaries of the
Award, in terms of the scheme of disbursement specified therein. Since the
accident happened in the year 2015, compensation awarded towards "loss of
love and affection" and "loss of consortium" shall be awarded to each of the
claimants right away who have now attained the age of majority.
6. The appeal is disposed-off in the above terms.
NAJMI WAZIRI, J
OCTOBER 31, 2019
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