Delhi High Court
Naina & Anr vs Harender Pal Singh & Ors ( Oriental ... on 28 February, 2020
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 28.02.2020
+ MAC.APP. 111/2020 & CM APPL. 7983/2020
NAINA & ANR ..... Appellants
Through: Mr. S.N. Parashar, Advocate.
versus
HARENDER PAL SINGH & ORS ( ORIENTAL INSURANCE CO
LTD) ..... Respondents
Through: Mr. Pradeep Gaur and Ms. Preeti
Kumari, Advocates for R-2.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J. (Oral)
1. Issue notice.
2. The learned counsel named above accepts notice on behalf of the
insurance company.
3. At joint request, the appeal is taken up for disposal.
4. This appeal impugns the award of compensation dated 30.09.2019
passed by the learned MACT in MACT No. 477/18, insofar as non-
pecuniary compensation towards 'loss of love and affection' and 'loss of
consortium' has not been granted to the claimants i.e. the parents of the
Signature Not Verified
Digitally signed By:KAMLESH
KUMAR
Signing Date:03.03.2020
15:44:09
deceased, his sister, his son and his spouse. Each of the claimants has
suffered the said loss in his/her own respective way.
5. The Court would note that each of the claimants has suffered 'loss of
love and affection' and 'loss of consortium'. Accordingly, in terms of the
dicta of Supreme Court in Magma General Insurance Co. Ltd. vs. Nanu Ram
@ Chuhru Ram & Ors., (2018) 18 SCC 130, each of them is entitled to and
is, hereby, granted Rs. 50,000/- and Rs. 40,000/- towards 'loss of love and
affection' and 'loss of consortium' respectively. Accordingly, the amount
payable under the aforesaid heads shall be as under:
Sl. Heads Amount
No.
1. Loss of Love and Affection [Rs. 50,000/- x Rs. 2,50,000/-
5(claimants)]
2. Loss of Consortium [Rs. 40,000/- x 5 Rs. 2,00,000/-
(claimants)]
Total Rs. 4,50,000/-
6. A similar relief was granted by this Court in National Insurance Co.
Ltd. vs. Lokesh Verma & Ors., MAC. APP. 762-763/2019, decided on
02.09.2019, relying upon the dicta of the Supreme Court in Magma (supra),
wherein this Court had awarded compensation towards 'loss of love and
affection' and 'loss of consortium' @ Rs. 50,000/- and Rs. 40,000/-
respectively, to each of the claimants. In the aforesaid judgment, it was held
as under:
"....
Signature Not Verified
Digitally signed By:KAMLESH
KUMAR
Signing Date:03.03.2020
15:44:09
10. The Court would note that in terms of
Magma General Insurance Co. Ltd. v. Nanu Ram Alias
Chuhru Ram & Ors., 2018 SCC OnLine SC 1546, each
of the two claimants would be entitled to an award of
compensation at the rate of Rs. 40,000/- and Rs.
50,000/- towards „loss of consortium‟ and „loss of love
and affection‟ respectively. The impugned order has
only awarded Rs. 40,000/- towards „loss of
consortium‟, same would have to be supplemented by
another Rs. 40,000/- towards "loss of consortium" and
Rs. 1,00,000/- towards "loss of love and affection"
(Rs. 50,000/-x2). "
7. SLP (Civil) No(s). 25316-25317/2019, against the aforesaid order was
dismissed by the Supreme Court on 24.10.2019.
8. Let the aforesaid amounts, alongwith interest accrued thereon @ 9%
p.a. from the date of filing of the claim petition till its realization, be directly
deposited into the bank accounts maintained near the place of residence of
the beneficiary(ies) of the Award, to be released to them in terms of the
scheme of disbursement specified in the Award, within three weeks from the
date of receipt of copy of this order.
9. The appeal is disposed-off in terms of the above.
NAJMI WAZIRI, J
FEBRUARY 28, 2020
AB
Signature Not Verified
Digitally signed By:KAMLESH
KUMAR
Signing Date:03.03.2020
15:44:09
