Icici Lombard General Insurance Co Ltd v. Hem Lata & Ors

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

¶1The Appeal is for reduction of compensation of `11,15,000/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) for the death of Rajesh Kumar who died in a motor vehicle accident which occurred on

05.12.2010.

¶2The only ground of challenge raised by the Appellant is that even in the absence of any evidence with regard to the deceased's future prospects it made an addition of 50%.

¶3Learned counsel for the Respondents agrees that there was no evidence with regard to deceased's future prospects. He states that the Claimants were entitled to an addition of 30% towards inflation.

¶4The finding on negligence is not challenged by the Appellant.

¶5During enquiry before the Claims Tribunal it was claimed that the deceased was employed in Home Guard in U.P. The Claims Tribunal in the absence of any evidence took the minimum wages of an unskilled worker in U.P., as on the date of the accident. Taking ` 5,000/- as the minimum wages of an unskilled worker and making an addition of 30% towards inflation on the basis of Santosh Devi v. National Insurance Company Ltd. & Ors., 2012 (4) SCALE 559, the loss of dependency comes to `9,36,000/- (5,000/- + 30% x 3/4 x 12 x 16).

¶6I would further make an award of `25,000/- towards loss of love and affection and `10,000/- each towards loss to estate, loss of consortium and funeral expenses, the overall compensation comes to `9,91,000/- as against `11,15,000/- awarded by the Claims Tribunal.

¶7By order dated 17.02.2012, the Appellant Insurance Company was directed to deposit the awarded amount with the Registrar General within six weeks. It is stated by Ms. Suman Bagga, learned counsel for the Appellant Insurance Company that the awarded amount has not yet been deposited.

¶8The awarded amount of `9,91,000/- along with interest @ 7.5% per annum shall be deposited with the Claims Tribunal within six weeks.

¶9The compensation awarded shall be released/held in fixed deposit in favour of the Claimants in terms of the order passed by the Claims Tribunal.

¶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 05, 2012 vk

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 5th October, 2012 + MAC.APP. 174/2012 ICICI LOMBARD GENERAL INSURANCE COMPANY LTD ....... Appellant Through: Ms. Suman Bagga, Adv. versus HEM LATA & ORS. ..... Respondents Through: Mr. S.N. Parashar, Adv. for R-1 to R-5. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL