Delhi High Court
Royal Sundaram General Insurance ... vs Rani & Ors on 25 May, 2021
$~A-8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 25th May, 2021
+ MAC.APP. 61/2020 & CM APPL. 5329/2020
ROYAL SUNDARAM GENERAL
INSURANCE CO LTD ..... Appellant
Through: Mr. Pankaj Gupta, Advocate.
Versus
RANI & ORS ..... Respondents
Through: Mr. G.D. Sharma, Advocate
for respondent No.1.
Mr. Kanwal Jeet Arora,
DSLSA, Member Secretary.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
J U D G M E N T (ORAL)
1. The appellant has challenged the award dated 14th November,
2019 of the Claims Tribunal whereby the compensation of
Rs.21,73,600/- has been awarded to respondents No.1 to 5.
2. The accident dated 10th August, 2014 resulted in the death of
Ravinder. The deceased was aged 30 years at the time of the
accident and was a vegetable vendor. The deceased was survived by
his widow, minor daughter and son, minor sister and mother, who
claimed compensation.
MAC.APP.
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:01.06.2021
14:12:02
3. The Claims Tribunal took the minimum wages of an unskilled
workman Rs.8,554/- per month as income of the deceased, added
40% towards future prospects, deducted 1/4th towards personal
expenses and applied the multiplier of 17 to compute the loss of
dependency as Rs.18,32,300/. The Claims Tribunal awarded
Rs.1,11,266/- towards medical expenses; Rs. 40,000/- each to all
claimants towards loss of consortium i.e. Rs.2,00,000/-; Rs.15,000/-
towards loss to the estate; and Rs.15,000/- towards funeral expenses.
The total compensation awarded is Rs.21,73,600/- along with
interest @ 9% per annum from the date of filing of petition i.e. 12th
November, 2014 till realization.
4. Learned counsel for the appellant urged at the time of hearing
that the compensation of Rs. 40,000/- each to all claimants towards
loss of consortium i.e. Rs.2,00,000/- is on higher side and the same
be reduced. Learned counsel for the respondents submit that the
deceased suffered grievous injuries and remain hospitalized for four
days and spent Rs.1,11,266/- on medical expenses which have been
awarded. It is further submitted that no compensation has been
awarded to the deceased towards the other heads for the injuries
suffered by him.
5. This Court is of the view that the compensation awarded by
the Claims Tribunal is just, fair and reasonable and does not warrant
any interference. The appeal is, therefore, dismissed.
6. The appellant is directed to deposit the entire award amount
along with up to date interest with DSLSA within a period of four
weeks. Upon the aforesaid amount being deposited, the DSLSA shall
MAC.APP.
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:01.06.2021
14:12:02
disburse the amount to respondents No.1 to 5 in terms of principles
laid down in Rajesh Tyagi v. Jaibir Singh dated 08th January, 2021,
MANU/DE/0051/2021.
7. The claimants shall remain present through video conference
on the next date of hearing before DSLSA 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
claimants are directed not to issue any cheque book or debit card to
the claimants 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. The claimants shall produce the copy of this
order to the concerned bank, whereupon the bank shall make an
endorsement on the passbooks of claimants that no cheque book
and/or debit card shall be issued to claimants without the permission
of this Court.
8. The statutory amount be refunded back to the appellant after
the appellant deposits the award amount with DSLSA.
9. The Registry shall release the statutory amount after the
appellant files the receipt of the deposit of the award amount with
DSLSA.
10. Copy of this judgment be sent to DSLSA.
J.R. MIDHA, J.
MAY 25, 2021
ak
MAC.APP.
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:01.06.2021
14:12:02
