Research › Search › Judgment

Delhi High Court · body

2014 DIGILAW 937 (DEL)

National Insurance Co. Ltd. v. Sulo

2014-03-18

SURESH KAIT

body2014
JUDGMENT : 1. The present appeal is preferred against the impugned judgment dated 15.03.2007, whereby the learned Tribunal has awarded compensation for an amount of Rs.6,28,000/- with interest at the rate of 8% per annum from the date of filing of the claim petition till realization of the amount. 2. It is pertinent to mention here that earlier vide judgment dated 10.10.2007, this Court dismissed the present appeal. The same was challenged before the Supreme Court. While setting aside the aforesaid judgment dated 10.10.2007, the Apex Court directed this Court to decide the present appeal on merits. 3. Learned counsel appearing on behalf of the appellant/Insurance Company submits that age of the deceased was 48 years on the date of the accident, i.e., 19.09.2004. Despite that, the learned Tribunal has added 50% in his actual income towards future prospects contrary to the settled law. 4. Learned counsel further submits that keeping in view the age of the deceased, the learned Tribunal ought to have applied the multiplier of ‘13’ instead of ‘15’, as per the law settled in case of Sarla Verma Vs. DTC and Ors. 2009 (6) SCC 121 . 5. To strengthen his arguments, learned counsel has relied upon the case of Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563 and submits that as per the age of the deceased and the settled law, while granting compensation under the head of ‘loss of financial dependency’, the learned Tribunal should have added the future prospects to the tune of 30%. 6. Learned counsel appearing on behalf of the respondents/claimants does not dispute the arguments advanced by the learned counsel for the appellant company, however, submits that the deceased died at the age of 48 years leaving behind widow wife and six dependent children. The compensation granted towards non-pecuniary heads such as Rs. 15,000/- each on account of loss of consortium and love and affection and Rs.10,000/- for funeral rights is on a very lower side. He also submits that no amount has been granted for loss of estate. 7. Learned counsel for the respondents/claimants submits that though no cross-appeal has been filed by the respondents/claimants, however, this Court has to see whether the learned Tribunal has granted ‘just compensation’. In the present case, he submits that the compensation granted under non-pecuniary heads is on a lower side and prays for enhancement of the same. 8. 7. Learned counsel for the respondents/claimants submits that though no cross-appeal has been filed by the respondents/claimants, however, this Court has to see whether the learned Tribunal has granted ‘just compensation’. In the present case, he submits that the compensation granted under non-pecuniary heads is on a lower side and prays for enhancement of the same. 8. In view of settled position of law, the multiplier is selected as ‘13’ instead of ‘15’; and the future prospects is reduced from 50% to 30%. 9. Keeping in view the age of the deceased, number of dependents left behind by him and the dictum of Rajesh & Ors. (supra), I am of the considered opinion that the compensation granted by the learned Tribunal towards non-pecuniary heads is very less. Therefore, I enhance the same to Rs.1,00,000/- for loss of consortium, Rs.1,00,000/- for loss of love and affection, Rs.25,000/- for funeral rights and grant Rs.10,000/- for loss of estate. 10. Accordingly, the compensation amount comes as under: Sl. No. Heads of Compensation Compensation granted by ld. Tribunal Compensation granted by this Court 1. Loss of financial dependency Rs.5,88,000/- Rs.4,41,090/- 2. Loss of consortium Rs. 15,000/- Rs. 1,00,000/- 3. Loss of love and affection Rs. 15,000/- Rs. 1,00,000/- 4. For funeral rites Rs. 10,000/- Rs. 25,000/- 5. Loss of estate Nil Rs. 10,000/- TOTAL Rs.6,28,000/- Rs.6,76,090/- Accordingly, the total compensation is assessed at Rs.6,76,090/-. 11. Resultantly, an amount of Rs.48,090/- is enhanced (Rs.6,76,090/- - Rs.6,28,000/-). 12. The enhanced amount shall carry interest @ 8% per annum from the date of filing of the claim petition till realization of the amount. 13. Accordingly, the appellant/Insurance Company is directed to deposit the enhanced compensation amount with upto date interest with the Registrar General of this Court within a period of five weeks from today, failing which, appellants/claimants shall be entitled for penal interest @ 12% per annum on account of delayed payment. 14. On deposit, the Registrar General is directed to release the same in favour of the respondents/claimants in terms of the award dated 15.03.2007 passed by the learned Tribunal. 15. In view of the above terms, the appeal is disposed of. CM No.17912/2013 (for directions) With the disposal of the instant appeal itself, the instant application has also become infructuous and disposed of as such.