Delhi High Court
United India Insurance Company ... vs Manju & Ors on 24 September, 2019
KAMLESH KUMAR
18.10.2019 15:06
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 24.09.2019
+ MAC.APP. 474/2018, CM APPL. 20498/2018 & CM APPL.
14722/2019
UNITED INDIA INSURANCE COMPANY LIMITED
..... Appellant
Through: Ms. K. Enatoli Sema and Mr. Amit
Kumar Singh, Advocates.
versus
MANJU & ORS ..... Respondents
Through: Mr. Basant Gupta, Advocate for R-1
to R-5.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J (Oral)
1. This appeal impugns the award of compensation dated 31.01.2018
passed by the learned MACT in MACT No. 450324/16 on the ground
that there is an error in computation of the compensation towards
'loss of dependency' as well as in the award of compensation for non-
pecuniary loss.
2. The impugned order has assessed the income of the deceased at Rs.
12,000/-. The Court would note that two Salary Certificates were
produced by the claimants from the claimed employers of the
deceased, namely G.D.S Society and M/s Suraj Education Centre of
I.T. Both the Salary Certificates established salary of the deceased as
Rs. 4,600/- per month each, however, neither of the Salary Certificate
was proven nor were the employers called or their records examined.
In the circumstances, the said certificates could not form the basis of
assessment of income as Rs. 12,000/-. In any case, even if, the two
certificates are taken together, the cumulative salary comes to be Rs.
9,200/-. Therefore, the assumption of the income as Rs. 12,000/- is
without basis and the same is set aside.
3. It is not disputed that the deceased was a Graduate and held a degree
in B.A. from Kurukshetra University as well as a diploma from
TATA Infotech Education. In the circumstances, the minimum wages
notified for a Graduate would be applicable which was Rs. 4,443/- at
the relevant time and the computation of compensation towards 'loss
of dependency' shall be on that basis. The deceased had five
dependants, hence, the deduction towards personal expenses would be
1/4th. The claimants would also be entitled to compensation towards
'loss of future prospects' @ 40% in terms of dicta of Supreme Court
in National Insurance Co. Ltd. vs. Pranay Sethi & Ors., (2017) 16
SCC 680.
4. The Court would note that the claimants have been awarded non-
pecuniary compensation as under:
i) Rs. 15,000/- towards 'Loss of Estate'.
ii) Rs. 15,000/- towards 'Funeral Expenses'.
iii) Rs. 40,000/- towards 'Loss of Consortium'.
The aforesaid amounts have been granted in terms of Pranay Sethi
(supra). However, in terms of the latter judgment of the Supreme Court in
Magma General Insurance Co. Ltd. vs. Nanu Ram @ Chuhru Ram &
Ors., 2018 SCC OnLine SC 1546, each of the claimants shall be entitled to
and are granted compensation towards 'loss of love and affection' @ Rs.
50,000/- and compensation towards 'loss of consortium' @ Rs. 40,000/-, be
it spousal, filial or parental.
5. In the circumstances, the amount payable by the insurance company is
as under:
S.No. Particulars Amount
1. Loss of Dependency [Rs. 4,443/- Rs. 9,51,690/-
(minimum wage) x 12 (months) x
17 (multiplier) x 140/100 (loss of
future prospects) x 75/100 (1/4th
deduction towards personal
expenses)]
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. 14,31,690/-
6. Accordingly, the aforesaid amount of Rs. 14,31,690/-, alongwith
interest @ 9% from the date of filing of the petition i.e. 07.07.2008 till
its realization shall be deposited before the learned Tribunal within
three weeks of copy of receipt of this order for the same to be released
to the beneficiary(ies) of the award in terms of the scheme of
disbursement specified therein.
7. The impugned amount has been deposited before this Court. Let the
amounts due to the claimants be released to them in terms of the
scheme of disbursement specified in the Award.
8. The widow of the deceased is present in the Court and states that till
date she has received no monies. The Court would note that in terms
of the Award, Rs. 1,00,000/- was directed to be paid to Smt. Manju,
widow of the deceased. Let the same be released to her, if not already
done, directly into her bank account no. 1793603837, Central Bank of
India, Sukhpura Chowk, Rohtak, Haryana.
9. Since the appellant has partly succeeded in the appeal, let the statutory
amount, alongwith interest accrued thereon, be refunded to the
appellant.
10. The appeal is allowed and disposed-off in the above terms.
NAJMI WAZIRI, J
SEPTEMBER 24, 2019
AB
