Delhi High Court
Saraswati Devi & Anr vs Hema Ram & Ors (Sbi General Ins Co ... on 11 September, 2019
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 11.09.2019
+ MAC.APP. 627/2015
SARASWATI DEVI & ANR ..... Appellants
Through: Mr. S.N. Parashar, Advocate.
versus
HEMA RAM & ORS (SBI GENERAL INS CO LTD)
..... Respondents
Through: Mr. R.K. Singh, Advocate for R-2.
Mr. Aman Shanker and Mr. Gagan
Singh, Advocates for SBI General.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J. (Oral)
1. This appeal impugns the award of compensation dated 17.04.2015
passed by the learned MACT in M.A.C. Petition No. 57/2013, on two
grounds that:-
(i) the multiplier of 14 was taken on the basis of the age of the claimants
instead of age of the deceased. The Court notes that the deceased was 22
years of age, therefore, multiplier of 18 ought to have been applied, in view
of the dicta of the Supreme Court in National Insurance Co. Ltd. v. Pranay
Sethi & Ors. (2017) 16 SCC 680. Accordingly, multiplier of 18 shall be
applied. Furthermore, the annual earnings of the deceased (a self-employed
bachelor) was computed @ Rs.62,544/-, of which 50% was deducted,
towards his personal expenses. The loss of annual dependency was
computed at Rs. 31,272/-. In terms of the dicta of the Supreme Court in
Pranay Sethi (supra), he would be entitled to 40% towards „loss of future
prospects‟ since he was under 40 years of age and self-employed.
(ii) the compensation towards „loss of consortium‟ and „loss of love and
affection‟ ought to have been granted to each of the claimants in view of the
dicta of the Supreme Court in Magma General Insurance Co. Ltd. v. Nanu
Ram Alias Chuhru Ram & Ors. 2018 SCC OnLine SC 1546, @Rs.
40,000/- and @Rs. 50,000/- respectively. Compensation towards „loss of
love and affection @50,000/- each, which has already been granted to them.
They are also entitled to compensation for "loss of filial consortium" @ Rs.
40,000/- each and towards „loss of estate‟ and „funeral expenses‟ @ Rs.
15,000/- per Head. It is granted to them.
2. Accordingly, the total compensation payable would be as under:
S.No. Particulars Amount
1. Loss of Dependency Rs. 7,88,055/-
Rs.62,544/-x50/100
= Rs. 31,272/-
[Rs. 31,272/- x 18 (multiplier)
x 140/100 (future prospects)
2. Loss of consortium Rs. 40,000 x 2 (claimants) =
Rs. 80,000/-
3. Loss of Estate Rs. 15,000/-
4. Funeral Expenses Rs. 15,000/-
5. Loss of love and affection Rs. 80,000x2(claimants)
= Rs. 1,00,000/-
Total Rs. 9,98,055/-
3. The insured has already deposited Rs. 5,72,808/- along with interest
accrued thereon. Hence, the enhanced amount of Rs. 4,25,247/- (Rs.
9,98,055/- less Rs. 5,72,808/-) alongwith interest accrued thereon @ 9%
from the date of the filing of the petition till its realisation be deposited
before the learned Tribunal 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.
4. The appeal is disposed-off in the above terms.
NAJMI WAZIRI, J
SEPTEMBER 11, 2019
RW
