Delhi High Court
Reliance General Insurance Co Ltd vs Sunita & Ors on 27 May, 2021
$~A-8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 27th May, 2021
+ MAC.APP. 284/2015 & CM APPLs.46351/2017, 7484/2020
& 9009/2021
RELIANCE GENERAL INSURANCE CO LTD..... Appellant
Through: Mr. A. K. Soni, Advocate
Versus
SUNITA & ORS ..... Respondents
Through: Ms. Priyanka Dagar,
Advocate
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.32,72,500/- has been awarded to the
respondents.
2. The accident dated 01st November, 2009 resulted in the death
of Pyare Lal. The deceased was driving a scooter which was hit by a
motorcycle which resulted in fatal injuries. The deceased was aged
36 years at the time of accident and was survived by his widow and
three minor children who claimed compensation.
3. The deceased was self employed and was earning Rs.15,000/-
per month. The Claims Tribunal took the income of the deceased as
Rs.15,000/- per month, added 50% towards future prospects,
MAC.APP.
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:01.06.2021
14:12:02
deducted 1/4th towards personal expenses and applied the multiplier
of 15 to compute the loss of dependency as Rs.30,37,500/-. The
Claims Tribunal has awarded Rs.10,000/- towards loss of estate,
Rs.1,00,000/- towards loss of love and affection, Rs.1,00,000/-
towards consortium and Rs.25,000/- towards funeral expenses. Total
compensation awarded is Rs.32,72,500/-.
4. Learned counsel for the appellant urged at the time of hearing
that the negligence has not been proved. It is further submitted that
the future prospects be reduced from 50% to 40% and the non-
pecuniary compensation be reduced to Rs.40,000/- per claimant
towards loss of consortium, Rs.15,000/- towards loss of estate and
Rs.15,000/- towards funeral expenses.
5. Learned counsel for respondents submit that compensation
awarded by the Claims Tribunal is just, fair and reasonable and does
not warrant any interference.
6. The Claims Tribunal held the negligence of the offending
vehicle as per the chargesheet filed in criminal case. This Court does
not find any infirmity in the said finding. The income of the
deceased is taken as Rs.15,000/- per month. However, the future
prospects are reduced from 50% to 40%. The non-pecuniary
damages are reduced to Rs.40,000/- for consortium for each
claimant, Rs.15,000/- towards loss of estate and Rs.15,000/- towards
funeral expenses. Taking the income of the deceased as Rs.15,000/-
per month, adding 40% towards future prospects, deducting 1/4th
towards personal expenses and applying the multiplier of 15, the loss
of dependency is computed as Rs.28,35,000/-, adding Rs.1,60,000/-
MAC.APP.
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:01.06.2021
14:12:02
towards consortium (Rs.40,000/- per claimant), Rs.15,000/- loss to
estate and Rs.15,000/- towards funeral expenses, total compensation
is computed as Rs.30,25,000/-.
7. The appeal is partly allowed and compensation is reduced
from Rs.32,72,500/- to Rs.30,25,000/- along with interest @ 8% per
annum from the date of filing of petition w.e.f. 25th November, 2009.
Pending applications are disposed of.
8. The Registry shall compute the amount payable to the
respondents in terms of this judgment. The amount so computed be
sent to DSLSA within four weeks whereby DSLSA shall disburse
the amount to the claimants in terms of principles laid down in
Rajesh Tyagi v. Jaibir Singh, judgment dated 08th January, 2021
within four weeks.
9. The balance amount after sending the award amount to
DSLSA be refunded back to the appellant.
10. The statutory amount be also refunded back to the appellant.
11. Copy of this judgment be sent to DSLSA.
J.R. MIDHA, J.
MAY 27, 2021
ds
MAC.APP.
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:01.06.2021
14:12:02
