Shri Ram General Insurance Co Ltd v. Guddi Devi & Ors

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

¶1The Appeal is for reduction of compensation of `13,77,600/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) for the death of Tuntun Kumar @ Santosh Singh who died in a motor vehicle accident which occurred on 09.03.2011.

¶2The finding on negligence reached by the Claims Tribunal is not challenged by the Appellant Insurance Company.

¶3The only ground of challenge raised by the Appellant Insurance Company is that the Claims Tribunal made an addition of 50% in the income towards future prospects although there was no evidence produced by the Claimants in this regard.

¶4During inquiry before the Claims Tribunal it was claimed that the deceased was employed as a Security Guard and was earning `10,000/- per month. In the absence of any evidence with regard to the deceased's employment or his income, the Claims Tribunal took the minimum wages of an unskilled worker, that is, `6100/- per month as his income and made an addition of 50% towards future prospects.

¶5In the absence of any evidence with regard to the future prospects, this addition was not justified. On the other hand, the Claimants were entitled to addition of 30% towards inflation on the basis of the report of the Supreme Court in Santosh Devi v. National Insurance Company Ltd. & Ors., 2012 (4) SCALE 559.

¶6Applying the above ratio, the loss of dependency thus comes to `11,41,920/- (6100/- + 30% x 12 x 3/4 x 16).

¶7On adding a sum of `60,000/- towards non-pecuniary damages as awarded by the Claims Tribunal, the overall compensation comes to `12,01,920/- as against `13,77,600/- awarded by the Claims Tribunal.

¶8The excess amount of `1,75,680/- along with proportionate interest and the interest accrued, if any, during the pendency of the Appeal shall be refunded to the Appellant Insurance Company.

¶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. 416/2012 SHRIRAM GENEAL INSURANCE COMPANY LTD....... Appellant Through: Mr. Pankaj Seth, Adv. versus GUDDI DEVI & ORS. ..... Respondents Through: Mr. Pankaj Kumar Deval, Adv. for R-1 to R-6. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL