National Insurance Co Ltd v. Vikram Batra & Ors

J U D G M E N T G. P. MITTAL, J. (ORAL)

¶1A compensation of `34,83,000/- was awarded for the death of Vikas Batra, who died in a motor vehicle accident which occurred on

05.03.2008.

¶2The Appellant National Insurance Company Limited has come up with this Appeal on the ground that the compensation awarded is exorbitant and excessive.

¶3It is stated that the addition of 30% towards future prospects was not justified and the compensation of `1,25,000/- awarded towards loss of love and affection is on the higher side.

¶4As far as an addition of 30% is concerned, the same is in consonance with the Supreme Court guidelines in Santosh Devi v. National Insurance Company Ltd. & Ors., 2012 (4) SCALE 559 where it was laid down that MAC. APP. 75/2012

in case of self-employed person, addition of 30% should be made even if there is no evidence with regard to future prospects.

¶5Thus, the award of loss of dependency of `34,28,000/- on an income of `2,49,372/- cannot be faulted.

¶6The compensation of `1,25,000/- awarded towards loss of love and affection appears to be on the higher side.

¶7Loss of love and affection can never be measured in terms of money. Thus, uniformity has to be adopted by the Courts while granting non-pecuniary damages. The Supreme Court in Sunil Sharma v. Bachitar Singh (2011) 11 SCC 425 and in Baby Radhika Gupta v. Oriental Insurance Company Limited (2009) 17 SCC 627 granted only ` 25,000/- (in total to all the claimants) under the head of loss of love and affection. Thus, I would reduce the compensation under this head to `25,000/- only.

¶8The compensation thus stands reduced by `1,00,000/-.

¶9The excess amount of `1,00,000/- along with proportionate interest and the interest accrued, if any, during the pendency of the Appeal shall be refunded to the Appellant Insurance Company.

¶10The statutory deposit of `25,000/- be refunded to the Appellant Insurance Company.

¶11The Appeal is allowed in above terms.

¶12Pending Applications also stand disposed of. (G.P. MITTAL) JUDGE OCTOBER 10, 2012/vk

MAC. APP. 75/2012 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 10th October, 2012 + MAC. APP. 75/2012 NATIONAL INSURANCE COMPANY LTD. ..... Appellant Through: Mr. Manoj R. Sinha, Adv. versus VIKRAM BATRA & ORS. .... Respondents Through Mr. Surya Nath Pandey, Adv. with Mr. Satish, Adv. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL