Delhi High Court
The Oriental Insurance Co Ltd vs Savana & Ors on 30 September, 2021
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 30th September, 2021
+ MAC.APP. 151/2020& CM APPLN. 9671/2020, 23368/2021
& 30853/2021
THE ORIENTAL INSURANCE CO LTD ..... Appellant
versus
SAVANA & ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. A.K. Soni, Advocate
For the Respondents : Mr. Somnath Parashar, Advocate
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J.
1. The hearing was conducted through video conferencing.
2. Appellant impugns award dated 03.12.2019 whereby the claim
petition has been allowed and compensation awarded to respondent
no. 1 to 4. The claim petition was filed on account of the demise of
one Sazid Khan. The claimants are the legal heirs of the deceased
being: wife, minor son and parents.
3. The only challenge to the impugned award is with regard to the
computation. It is contended by learned counsel for the appellant that
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:30.09.2021
Signing Date:01.10.2021 13:51:05 23:54
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
tribunal has erred in deducting one-fourth of the salary towards
personal expenses whereas one-third should have been deducted. He
relies on the decision of the Supreme Court in National Insurance
Company Ltd. Vs. Pranay Sethi (2017) 16 SCC 680 as also Sarla
Verma &Ors. Vs. Delhi Transport Corporation &Anr (2009) 6 SCC
4. Learned counsel appearing for the respondent/claimants
submits that the tribunal has erred in not awarding fair and just
compensation in so far as loss of consortium is concerned.
5. He relies on the judgment of the Supreme Court in United India
Insurance Company Ltd. Vs. Satinder @ Satwinder Kaur 2020 SCC
OnLine SC 410 (Civil Appeal No.2705/2020) to contend that loss of
consortium is not only filial loss of consortium but parental loss of
consortium as well. He submits that a sum of Rs. 40,000/- each is
liable to be awarded to each of the claimant.
6. Learned counsel submits that fair and just compensation is
liable to be granted even if there is no application seeking
enhancement of compensation. Learned counsel relies on the
judgment passed in MAC. APP. 629/2010, titled 'Oriental Insurance
Company Ltd. Vs. Mamta Kumari & Ors.' and the judgment
passedby the Supreme Court in'Ibrahim Vs. Raju' (2011) 10 SCC 634.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:30.09.2021
Signing Date:01.10.2021 13:51:05 23:54
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
7. Since it is an admitted case that the father of the deceased was
not financially dependent upon the deceased, applying the ratio of the
judgment of the Supreme Court in Sarla Verma (Supra) out of the
income received by the deceased, one-third should have been
deducted towards personal and living expenses of the deceased.
8. Accordingly, compensation is liable to be re-computed under
the head of loss of dependency. Further in view of the ratio of the
judgment of the coordinate bench of this Court in Mamta Kumar
(Supra) and of the Supreme Court in Ibrahim (Supra), the amount
awarded under the head of loss of consortium is liable to be increased
even without the filing of a cross appeal in as much as a sum of Rs.
40,000/- is liable to the awarded to each of the claimants by applying
the ratio of the Judgment of the Supreme Court in Satinder @
Satwinder Kaur.
9. In view of the above, the compensation is liable to be re-
computed as under: -
LOSS OF DEPENDENCY = Rs. 28,99,814.40
LOSS OF CONSORTIUM = Rs. 1,60,000.00
FUNERAL EXPENSES = Rs. 15,000.00
LOSS OF ESTATE = Rs. 15,000.00
MEDICAL EXPENSES = Rs. 8,849.00
-----------------------------
Total = Rs. 30,98,663.40
-----------------------------
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:30.09.2021
Signing Date:01.10.2021 13:51:05 23:54
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
10. It is informed that the amount originally awarded has been
deposited in this Court.
11. Accordingly, the appeal is allowed and the impugned award is
modified to the above extent.
12. The amount that is reduced on account of modification of the
award shall be refunded to the Insurance Company along with
statutory amount that was deposited at the time of filing of the appeal.
Balance amount shall be transmitted forthwith to the Motor Accident
Claims Tribunal to be disbursed in accordance with the scheme of
disbursal.
13. The appeal is disposed of in the above terms.
14. Copy of the order be uploaded on the High Court website and
be also forwarded to learned counsels through email by the Court
Master.
SANJEEV SACHDEVA, J
SEPTEMBER 30, 2021
'rs'
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:30.09.2021
Signing Date:01.10.2021 13:51:05 23:54
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
