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2014 DIGILAW 641 (DEL)

United India Insurance v. Urmilla Devi

2014-02-24

SURESH KAIT

body2014
Judgment : Suresh Kait, J. (Oral) 1. The present appeal is directed against the impugned award dated 01.03.2012, whereby ld. Tribunal has awarded compensation for a sum of Rs.15,89,278/- with interest @ 7.5% per annum from the date of filing of the petition till notice under Order XXI Rule 1 CPC was given by the appellant / Insurance Company. 2. Ld. Counsel appearing on behalf of the appellant argued that age of the deceased on the date of accident was 27 years and the Ld. Tribunal has added 50% in his actual income towards future prospects contrary to the dictum of Sarla Verma Vs. DTC and Ors. 2009 (6) SCC 121 , which has been further confirmed by the Full Bench of the Supreme Court in the case of Reshma Kumari and Ors. Vs. Madan Mohan & Anr. (2013) 9 SCC 65 . 3. Ld. Counsel further argued that towards funeral expenses, Ld. Tribunal has awarded Rs.50,000/-, which is on a very higher side. 4. Ld. Counsel submitted that even in the case of Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563, Full Bench of the Apex Court has awarded Rs.25,000/- towards funeral expenses. 5. As far as the issue of future prospects is concerned, this Court while relying upon the dictum of Rajesh & Ors. (Supra) has dealt with in the case MAC.APP. No. 846/2011 titled as ICICI Lombard General Insurance Co. Ltd. Vs. Angrej Singh & Ors., decided on 30.09.2013. 6. In the present case, deceased was 27 years of age at the time of accident. Therefore, keeping in view the dictum of Rajesh & Ors. (Supra), I am of the considered opinion that Ld. Tribunal has rightly added 50% in his actual income towards future prospects. Hence, I do not find any substance in the arguments of the Ld. Counsel for the appellant on this issue. 7. As the issue of compensation granted towards funeral expenses is concerned, I find force in the submission of the Ld. Counsel for the appellant. Therefore, keeping in view the dictum of the Apex Court in the case of Rajesh & Ors. (Supra), I reduce the compensation towards funeral expenses to Rs.25,000/-. 8. Accordingly, the compensation comes as under: Sr. No. Heads Calculation as per MACT Calculation as per this Court 1. Loss of dependency Rs.13,96,278/- Rs.13,96,278/- 2. Towards loss of estate Rs.5,000/- Rs.5,000/- 3. Therefore, keeping in view the dictum of the Apex Court in the case of Rajesh & Ors. (Supra), I reduce the compensation towards funeral expenses to Rs.25,000/-. 8. Accordingly, the compensation comes as under: Sr. No. Heads Calculation as per MACT Calculation as per this Court 1. Loss of dependency Rs.13,96,278/- Rs.13,96,278/- 2. Towards loss of estate Rs.5,000/- Rs.5,000/- 3. Towards loss of love and affection Rs.1,00,000/- Rs.1,00,000/- 4. Towards loss of consortium Rs.10,000/- Rs.10,000/- 5. Funeral expenses Rs.50,000/- Rs.25,000/- 6. Towards medical bills Rs.18,000/- Rs.18,000/- 7. Towards special diet and conveyance Rs.10,000/- Rs.10,000/- Total Rs.15,89,278/- Rs.15,64,278/- Resultantly, the award is assessed at Rs. 15,64,278/- 9. Hence, an amount of Rs.25,000/- (Rs.15,89,278– Rs.15,64,278) is reduced. 10. Statutory amount alongwith excess amount, if any, with proportionate interest be released in favour of the appellant and balance compensation amount, if any, be released in favour of the respondents / claimants on taking steps by them. 11. In view of the above, the appeal is partially allowed. CM.No.7003/2012 With the disposal of the instant appeal itself, instant application has become infructuous and disposed of as such.