Delhi High Court
National Insurance Company Limited vs Nasreen Begum And Others on 7 February, 2024
Author: Dharmesh Sharma
Bench: Dharmesh Sharma
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 7th February, 2024
+ MAC.APP. 269/2020, CM APPL. 33162/2020
NATIONAL INSURANCE COMPANY LIMITED
..... Appellant
Through: Mr. Manoj Ranjan Sinha, Ms.
Nisha, Mr. Deepak Sain and
Mr. Bhaskar, Advocates.
versus
NASREEN BEGUM AND OTHERS ..... Respondents
Through: Mr. Akash Tomar, Advocate
for R-9 & R-10.
CORAM:
HON'BLE MR. JUSTICE DHARMESH SHARMA
DHARMESH SHARMA, J. (ORAL)
1. In the previous order dated 18.08.2023, it was recorded that no
one has appeared for respondents No. 1 to 8, who are the claimants,
despite service of notice of the present appeal.
2. Further, insofar as respondents No. 9 and 10 are concerned,
who are the driver and the registered owner of the offending vehicle
respectively, had filed MACT APP. 54/2022 and MACT APP.
77/2022 and vide order dated 09.03.2022 of this Court, the question
whether the appellant/Insurance Company is entitled to seek recovery
of the compensation amount from the said respondents has been
remanded back to the learned Tribunal for fresh adjudication.
3. It is also pertinent to mention that 90% of the amount of
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compensation with interest has already been ordered to be disbursed to
the said claimants in terms of the order dated 16.12.2020 of this Court.
4. Learned counsel for the appellant/Insurance Company has
urged that the challenge as to the quantum of compensation awarded
by the learned Presiding Officer, MACT-02, West District, Tis Hazari
Courts, Delhi, vide judgment-cum-award dated 18.02.2020, is
restricted only to the extent that the year of birth of the deceased has
been wrongly reckoned as 1983, whereas as per the Election ID
Voter's Card of the deceased which is Annexure-A2, the year of birth
should be reckoned as 1978. It is submitted that the multiplier of 17
has been applied by the learned Tribunal instead of 16.
5. Having heard learned counsel for the appellant/Insurance
Company and on perusal of the record, this Court finds that while in
paragraph (18) of the impugned judgment-cum-award dated
18.02.2020, the learned Tribunal not only wrongly reckoned the year
of birth as 1983, instead of 1978 as per the Election Voter's ID Card ,
but also committed another error inasmuch as holding that the
accident occurred on 05.12.2014, whereas the motor accident in
question had occurred on 21.08.2013.
6. Unhesitatingly, the impugned award needs to be modified and
based on the year of birth reckoned as 1978, the multiplier of 16
would be applicable. Accordingly, the annual loss of the financial
dependency taken at Rs. 66,870.45 x 16 comes to Rs. 10,69,927.20
paise (Rs. 10,69,928) reckoned off to 10,70,000/-.
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7. Accordingly, the total compensation is worked as under:-
SN Heads Amount (Rs.)
1 Loss of Financial Dependency 10,70,000
2 Funeral Expenses 15,000
3 Loss of Estate 15,000
4 Loss of Consortium 3,20,000
TOTAL 14,10,000
8. Accordingly, the present appeal is allowed and the impugned
judgment-cum-award dated 18.02.2020 is hereby modified to the
extent that the total amount of compensation payable to the respondent
Nos. 1 to 8/claimants shall be Rs. 14,10,000/- with interest @ 9% p.a.
from the date of filing of the petition till its realization. However, if
there is a shortfall after payment of 90% of the amount of
compensation earlier awarded, the same shall be paid to claimant
No.1. If any excess amount has been paid, the same shall not be
refunded or recoverable from the claimants in the interest of justice.
9. The appeal is disposed of accordingly. The pending application
is also disposed of accordingly.
DHARMESH SHARMA, J.
FEBRUARY 07, 2024
sp
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14:59:51
