Iffco Tokio General Insurnace Co ... vs Sumer Singh & Ors
2020 Latest Caselaw 1288 Del

                          $~4
                          * IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                Date of Decision: 26th February, 2020

                          +     MAC.APP. 482/2018 & CM No.20816/2018 & 43538/2019

                                IFFCO TOKIO GENERAL INSURNACE CO LTD ..... Appellant
                                              Through: Mr. Mrinal Harsh Vardhan and Mr.
                                                       Kartik Sarin, Advocates.

                                                  versus

                                SUMER SINGH & ORS                               ..... Respondents
                                             Through:          Mr. Sandeep Thakur, Advocates for
                                                               R1 and R2.

                                CORAM:
                                HON'BLE MR. JUSTICE J.R. MIDHA

                                                 J U D G M E N T (ORAL)

1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.25,21,000/- has been awarded to respondents No.1 and 2.

2. The accident dated 11th February, 2017 resulted in the death of Har Pyari. The deceased was aged 37 years at the time of the accident and was survived by her husband and minor daughter who claimed compensation.

3. The Claims Tribunal took the minimum wages of Rs.9,724/- per month as the income of the deceased, added 40% towards future prospects and applied multiplier of 15 to compute the loss of dependency as Rs.24,50,340/-. The Claims Tribunal awarded Rs.40,000/- towards loss of consortium, Rs.15,000/- towards loss of estate and Rs.15,000/- towards

Digitally Signed By:RAJENDER SINGH KARKI Signing Date:02.03.2020 14:39:59 funeral expenses. Total compensation awarded is Rs.25,21,000/-.

4. Learned counsel for the appellant urged at the time of hearing that the personal expenses of 1/3rd be deducted from the income of the deceased to compute the compensation.

5. Learned counsel for respondents No.1 and 2 submits that the compensation of Rs.50,000/- be awarded to each of the two claimants under the head of loss of love and affection and Rs.40,000/- to each to the two claimants under the head of loss of consortium.

6. There is merit in the contentions urged by learned counsels for both the parties. Taking the income of the deceased as Rs.9,724/- per month, adding 40% towards future prospects, deducting 1/3 rd towards personal expenses and applying the multiplier of 15 the loss of dependency is computed as Rs.16,33,632/-. Adding Rs.50,000/- to each of the two claimants under the head of loss of love and affection, Rs.40,000/- to each of the two claimants under the head of loss of consortium, Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses, the total compensation amount is computed as Rs.18,43,632/-.

7. The appeal is allowed and the compensation awarded by the Claims Tribunal is reduced from Rs.25,21,000/- to Rs.18,43,632/- along with interest @ 9% per annum. Pending applications are disposed of.

8. The appellant has deposited Rs.17,03,632/- with the Registrar General of this Court along with interest thereon in terms of order dated 18 th May, 2018.

9. The appellant is directed to deposit balance award amount along with up to date interest with the Registrar General of this Court within three weeks.

Digitally Signed By:RAJENDER SINGH KARKI Signing Date:02.03.2020 14:39:59

10. List for disbursement of the compensation amount as a part heard matter on 17th April, 2020.

11. Respondents No.1 and 2 shall remain present in Court on the next date of hearing along with the passbooks of their savings bank accounts near the place of their residence as well as PAN card and Aadhaar card. The concerned banks of respondents No.1 and 2 is directed not to issue any cheque book or debit card to respondents No.1 and 2 and if the same have already been issued, the banks are directed to cancel the same and make an endorsement on their passbooks to this effect. Respondents No.1 and 2 shall produce the copy of this judgment to the concerned banks, whereupon the banks shall make an endorsement on the passbooks of respondents No.1 and 2 that no cheque book and/or debit card shall be issued to respondents No.1 and 2 without the permission of this Court. However, the concerned banks shall permit respondents No.1 and 2 to withdraw money from their savings bank account by means of a withdrawal form.

12. Copy of this judgment be given dasti to counsels for the parties under the signatures of the Court Master.

J.R. MIDHA, J.

FEBRUARY 26, 2020 ak

Digitally Signed By:RAJENDER SINGH KARKI Signing Date:02.03.2020 14:39:59