Kunti Devi @ Kunta Devi & Anr vs Puran Chand & Anr (New India ...
2019 Latest Caselaw 4149 Del

$~63
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                                Decided on: 05.09.2019

+      MAC.APP. 97/2018
       KUNTI DEVI @ KUNTA DEVI & ANR           ..... Appellants
                      Through: Mr. Jitender Kamra, Advocate for
                               appellants.

                         versus

       PURAN CHAND & ANR (NEW INDIA ASSURANCE CO LTD)
                                          ..... Respondents

                         Through:    Mr. J.P.N. Shahi and Ms. Shivangi
                                     Krishna, Advocates for R-2.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI

NAJMI WAZIRI, J. (Oral)

1. At joint request, the case is taken up for disposal alongwith MAC. APP. 664/2017.

2. This appeal seeks enhancement of the award of compensation dated 27.04.2017 passed by the learned MACT in MACP No. 90/14, on the ground that instead of age of the deceased, the age of the parent was taken into consideration. In view of the dicta of the Supreme Court in National Insurance Co. Ltd. v. Pranay Sethi & Ors. (2017) 16 SCC 680, the age of the deceased ought to be the determinant multiplier. The deceased was 21 years of age, therefore, the multiplier of 18 would be applicable.

Additionally, compensation towards 'loss of future prospects' @ 40% shall be granted in terms of the same judgment.

3. Furthermore, each of the claimants shall also be entitled to 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. Hence, the total payable amount would be as under:

        S.No.            Particulars                     Amount
        1.      Loss of future prospects             Rs. 14,82,063/-
                [Rs.9,802/-(notional
                income)x12(months)x
                18(multiplier)x140/100(future
                prospects)x50/100(50%
                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. 16,92,063/-

4. Accordingly, the enhanced amount, alongwith interest thereon @ 9% from the date of the filing of the claim petition till its realization, be deposited by the insurer within three weeks 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. The appellant has also been granted right of recovery as ordered in MAC.APP. 664/2017.

5. The appeal is disposed-off in terms of the above.

NAJMI WAZIRI, J SEPTEMBER 05, 2019/RW