Vimla & Ors vs Bajaj Alliance Gen Ins Co Ltd. & ...
2019 Latest Caselaw 4190 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                                 Decided on: 06.09.2019
+      MAC.APP. 109/2018
       VIMLA & ORS                                           ..... Appellants
                          Through:    Mr. Anshuman Bal, Advocate.

                          versus

    BAJAJ ALLIANCE GEN INS CO LTD & ORS        ..... Respondents
                  Through: Mr. Pradeep Gaur, Advocate for R-1.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J. (Oral)

1. This appeal impugns the award of compensation dated 10.11.2016 passed by the Ld. MACT in Petition No. 519/2009, on the ground that compensation towards 'loss of future prospects' has not been granted.

2. Since the deceased was 34 years of age on the date of the accident and was self-employed, the 'loss of dependency' was rightly calculated at Rs. 5,69,232/- {i.e. Rs. 3,953/- (minimum wage) x 12 (months) x 16 (multiplier) x 3/4 (dependency)}. However, compensation towards 'loss of future prospects' @ 40% ought to have been awarded as per dicta of Supreme Court in National Insurance Co. Ltd. vs. Pranay Sethi (2017) 16 SCC 680. The same is now granted. Therefore, the amount payable shall be Rs. 5,69,232/- + 40% = Rs. 7,96,925/-.

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. Accordingly, the total payable amount would be as under:

        S.No.              Particulars                       Amount
        1.      Loss of future prospects                  Rs. 7,96,925/-
                [Rs. 5,69,232/- + 40% future
                prospects as per Pranay Sethi
                (supra)]
        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. 12,76,925/-

4. The insurer has already deposited Rs. 8,04,323/-. Hence, the enhanced amount of Rs. 4,72,692/- (Rs. 12,76,925/- less Rs. 8,04,323/-) alongwith interest accrued thereon @ 9% from the date of the filing of the petition till its realisation 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.

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

NAJMI WAZIRI, J SEPTEMBER 06, 2019/AB