Delhi High Court
United India Insurance Co Ltd vs Birjpal Singh & Ors on 23 August, 2023
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 23.08.2023
+ MAC.APP. 132/2020 & CM APPL. 8758/2020
UNITED INDIA INSURANCE CO LTD ..... Appellant
Through: Mr.Pradeep Gaur, Ms.Sweta
Sinha, Advs.
versus
BIRJPAL SINGH & ORS ..... Respondents
Through: Mr.Manu Luv Shahalia, Adv
for R-1 to 4
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
NAVIN CHAWLA, J. (ORAL)
1. The appellant challenges the Award dated 03.10.2019
(hereinafter referred to as 'Impugned Award') passed by the learned
Motor Accidents Claims Tribunal, South District, Saket Courts, New
Delhi (hereinafter referred to as the 'Tribunal) in the Petition
no.153/2018, titled Birjpal Singh & Ors. v. Aman & Ors.
2. The appellant challenges the Impugned Award on the ground
that though the respondent no.1 herein, the husband of the deceased-
Late Smt.Saroj, was himself an earning member of the family, the
learned Tribunal, while assessing the loss of dependency has taken
him as a dependent on the deceased, and based thereon, has deducted
only 1/4th of the income of the deceased towards personal and living
Signature Not Verified
expenses.
Digitally Signed By:SUNIL
Signing Date:28.08.2023
10:41:47
3. The learned counsel for the appellant, placing reliance on the
judgment of the Supreme Court in Sarla Verma (Smt.) & Ors v. Delhi
Transport Corporation & Anr., (2009) 6 SCC 121, submits that as the
respondent no.1 himself was an earning member of the family, he
cannot be considered to be financially dependent on the deceased and,
therefore, there being only three claimants dependent on the deceased,
1/3rd of her income should have been deducted towards personal and
living expenses.
4. The learned counsel for the respondent nos.1 to 4 is not in a
position to seriously deny the fact that the respondent no.1 was indeed
an earning member of the family. In fact, the own claim petition of the
respondent no.1, that is the Claim Petition bearing no. 382/2017, titled
Birjpal Singh v. Aman and Ors. before the learned Tribunal, claiming
compensation for the injury suffered by him due to the accident in
question has been allowed on the basis of his income stated therein.
5. Accordingly, in view of the judgment of Sarla Verma (supra),
which has been upheld by the Supreme Court in National Insurance
Co. Ltd. v. Pranay Sethi, (2017) 6 SCC 680, it is held that the learned
Tribunal has erred in deducting only 1/4th of the income of the
deceased towards personal and living expenses, instead of 1/3rd
income of the deceased that should have been deducted for
determining the loss of dependency of the claimants, that is,
respondent nos.1 to 4 herein.
6. In view of the above, the compensation awarded on the head of
loss of dependency is recalculated as:-
rd
Signature Not Verified - (1/3
Rs.41,163 of Rs. 41,163/- = Rs.13,721) = Rs.27,442 x 12 x 14
Digitally Signed By:SUNIL
Signing Date:28.08.2023
10:41:47
= Rs.46,10,256/-
7. The next challenge of the appellant to the Impugned Award is
on account of the interest on the compensation amount awarded at the
rate of 9% per annum in favour of the respondent nos.1 to 4. The
learned counsel for the appellant, placing reliance on the judgment of
this Court in National Insurance Co. Ltd. v. Yad Ram and Others,
2023 SCC OnLine Del. 1849, submits that in the said judgment this
Court had reduced the rate of interest to 7.5% per annum, keeping in
view the rate of interest as was applicable during and around the
period of the accident in question therein.
8. The learned counsel for the respondent nos.1 to 4 does not
seriously dispute the above submission of the learned counsel for the
appellant.
9. In view of the above, the Impugned Award is modified and the
respondent nos.1 to 4 are held entitled to the following compensation:
Compensation Compensation after
Heads Given by Modifications by This
Tribunal Court
Loss of Rs.51,86,496/- Rs.46,10,256/-
Dependency
Loss of Rs.40,000/- Rs.40,000/-
Consortium
Funeral Expenses Rs.15,000/- Rs.15,000/-
Loss of Estate Rs.15,000/- Rs.15,000/-
Total Rs. 52,56,496/- Rs.46,80,256/-
10. The respondent no.1 to 4 are further held entitled to interest on
theVerified
Signature Not above amount at the rate of 7.5% per annum from the date of the
Digitally Signed By:SUNIL
Signing Date:28.08.2023
10:41:47
filing of the Detailed Accident Report till its realization.
11. In terms of the order dated 04.03.2020, the appellant has
deposited a sum of Rs.55 lacs with the learned Registrar General of
this Court. As the Award has been modified by the present judgment,
it is directed that the balance amount, if any, to be deposited by the
appellant pursuant to the present judgment, along with interest due
thereon, shall be deposited by the appellant with the learned Registrar
General of this Court within a period of six weeks from today. On the
other hand, in case any excess amount has been deposited by the
appellant with the learned Registrar General of this Court pursuant to
the order dated 04.03.2020, the same shall be released to the appellant
along with proportionate interest accrued thereon.
12. Vide order dated 16.12.2021, 75% of the awarded amount
along with interest at the rate of 7.5% per annum was directed to be
released to the respondent nos.1 to 4 as per the scheme of disbursal in
the Impugned Award. If in terms of this judgment, the respondent no.
1 to 4 are held entitled to release of further/enhanced amount, the
same shall be released in their favour by the learned Registrar General
of this Court, in accordance with the Scheme of disbursal.
13. The appeal and the pending application are disposed of in the
above terms.
14. The statutory amount deposited by the appellant shall be
released to the appellant alongwith interest accrued thereon.
NAVIN CHAWLA, J
Signature Not Verified
AUGUST 23, 2023/Arya/AS
Digitally Signed By:SUNIL
Signing Date:28.08.2023
10:41:47
