Delhi High Court
Bharti Axa General Insurance Co ... vs Ram Avatar Mittal & Ors on 3 September, 2019
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 03.09.2019
+ MAC.APP. 299/2017
BHARTI AXA GENERAL INSURANCE CO LTD ..... Appellant
Through: Ms. Arunima Dwivedi, Ms. Preeti
Kamra Nanda and Ms. Pinky Pawar,
Advocates.
versus
RAM AVATAR MITTAL & ORS ..... Respondents
Through:
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J (Oral)
MAC.APP. 299/2017 & CM APPL. 11636/2017
1. This appeal impugns the award of compensation dated on 17.12.2016
passed in MACP No. 1311/16 on the ground that the deceased was 72 years
of age on the date of the accident and his children were not dependant on
him. It is, however, not in dispute that in the claim petition, each of the
children had claimed to be dependent upon their deceased father. Nothing
adverse has been brought on record to dispute their claim of dependency.
2. The Court is also conscious of the fact that mere attainment of the age
of majority by itself does not confer financial self-sufficiency on an
individual. There is no such economic magic happening to 18 year olds.
Similarly, no presumption in law can be made about the financial
independence of a daughter, simply because she has been married-off. A
married daughter like a married son may well be facing genteel poverty or
financial constraints for which the married children could well be supported
financially, by their parents or other siblings. In view of the above, the
appellant's argument is untenable and is accordingly rejected.
3. The next contention is that the amounts paid towards 'loss of estate' is
erroneous. The Court is of the view that the award of Rs. 1,00,000/- is on a
higher side. In terms of National Insurance Co. Ltd. v. Pranay Sethi &
Ors. (2017) 16 SCC 680 it is reduced to Rs. 15,000/-. Furthermore, Rs.
25,000/- granted towards 'loss of funeral expenses' is reduced to Rs.
15,000/-. However, in terms of Magma General Insurance Co. Ltd. v.
Nanu Ram Alias Chuhru Ram & Ors. 2018 SCC OnLine SC 1546, the
claimants are entitled to and are granted compensation @ Rs. 40,000/- and
Rs. 50,000/- each towards 'loss of consortium' and 'loss of love and
affection', respectively.
4. In other words, the amounts payable to the claimants would be as
under:
S.No. Particulars Amount
1. Loss of Dependency Rs. 7,64,815/-
2. Medical Treatment Rs. 5,765/-
3. Loss of love and affection Rs. 3,00,000/-
[(50,000x6) (claimants)]
4. Loss of parental consortium Rs. 2,40,000/-
[(40,000x6) (claimants)]
5. Loss of estate Rs. 15,000/-
6. Loss of funeral expenses Rs. 15,000/-
Total Rs. 13,40,580/-
5. Let the aforesaid amounts along with awarded interest at the rate
mentioned in the impugned order from the date of the filing of the DAR i.e.
07.08.2015, be released to the beneficiaries of the award in terms of the
scheme of disbursement specified therein. The impugned amount already
lies deposited in this Court. Let the freshly computed amount in terms of
this order be released to the beneficiaries of the award in terms of the
scheme of disbursement specified therein.
6. Statutory amount of Rs. 25,000/- alongwith interest accrued thereon
be refunded to the appellant.
7. The appeal alongwith pending application is disposed-off in the above
terms.
NAJMI WAZIRI, J
SEPTEMBER 03, 2019
AB
