Delhi High Court
Royal Sundaram General Insurance ... vs Ranjana Devi & Ors on 23 December, 2020
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 23rd December, 2020
CM APPL. 5222/2020
IN
+ MAC.APP. 60/2020
ROYAL SUNDARAM GENERAL
INSURANCE CO. LTD. ..... Appellant
Through: Mr. Pankaj Gupta, Advocate
versus
RANJANA DEVI & ORS. ..... Respondents
Through: Mr. A. K. Dhama, Advocate
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
J U D G M E N T (ORAL)
1. The hearing has been conducted through video conference.
2. The appellant has challenged the award of the Claims Tribunal
whereby compensation of Rs.4,29,500/- has been awarded to respondents
No.1 to 4.
3. The accident dated 10th August, 2014 resulted in death of Kajal aged
about 62 years. Kajal was survived by one married son and three married
daughters who claimed compensation. Kajal was self-employed, doing white
washing and POP work. The Claims Tribunal took the income of the
deceased as Rs.8,554/- per month equal to minimum wages of unskilled
labour and applied the multiplier of 7 and computed the loss of dependency
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:26.12.2020
16:10:07
as Rs.2,39,500/-. The Claims Tribunal awarded Rs.1,60,000/- towards loss
of consortium and Rs.30,000/- towards funeral expenses and loss of estate.
Total compensation awarded is Rs.4,29,500/- along with interest at the rate
of 9% per annum.
4. Learned counsel for the appellant urged at the time of hearing that the
compensation awarded towards loss of consortium is on higher side and the
same be reduced to Rs.40,000/- It is further submitted that the interest rate of
9% per annum awarded is also on higher side.
5. Learned counsel for the respondent submits that the compensation
awarded by the Claims Tribunal is just fair and reasonable.
6. The appellant has deposited Rs.5,34,633/- with the Registrar General
of this Court in terms of order dated 10th February, 2020.
7. This Court is of the view that compensation of Rs.5,00,000/-
including interest is fair and reasonable. Learned counsel for respondents
No.1 to 4 has taken instructions from the respondents that the award amount
including interest be reduced to Rs.5,00,000/-.
8. The appeal is partly allowed and in the peculiar facts of this case, the
compensation awarded by the Claims Tribunal is reduced to Rs.5,00,000/-
including the interest.
9. The Registrar General is directed to disburse Rs.5,00,000/- to
respondents No.1 to 4 by instructing UCO Bank, Delhi High Court branch as
under:-
(i) Rs.1,00,000/- be released to respondent No.1, Ranjana Devi, by
transferring the same to her savings bank account No.3320580111
with Purvanchal Bank (IFSC Code: SBIN0RRPUGB).
(ii) Rs.2,00,000/- be released to respondent No.2, Vikas, by transferring
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:26.12.2020
16:10:07
the same to his savings bank account No.12511000003098 with
Punjab & Sind Bank, Jahangirpuri (IFSC Code: PSIB0021251).
(iii) Rs.1,00,000/- be released to respondent No.3, Asha @ Asha Devi, by
transferring the same to her savings bank account No.11821205710
with SBI Bank, Shahpur Brahman, Block Jaitpur, Uttar Pradesh (IFSC
Code: SBIN0007122).
(iv) Rs.1,00,000/- be released to respondent No.4, Nisha Devi, by
transferring the same to her savings bank account
No.456402010112605 with Union Bank, Rasoolpur Dadra, Ghazipur,
Uttar Pradesh (IFSC Code: UBIN0545643).
(v) The balance amount after releasing Rs.5,00,000/- i.e. Rs.34,633/- plus
interest accrued on the entire amount deposited by the appellant, be
refunded back to the appellant within four weeks.
10. The statutory amount deposited by the appellant be also refunded back
to the appellant within four weeks.
11. C.M. Appl. 5222/2020 stands disposed of.
12. The order be uploaded on the website of this Court forthwith.
J.R. MIDHA, J.
DECEMBER 23, 2020
ds
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:26.12.2020
16:10:07
