Bajaj Allianz General Insurance Co Ltd v. Roopwati & Ors

SURESH KAIT, J. (Oral)

¶1Instant appeal has been preferred against the impugned judgment dated 15.04.2010 whereby, the Ld. Tribunal while granting compensation has added 50% towards future prospects in favour of the respondents / claimants.

¶2The only issue, as has been argued by the counsel for the appellant, is that the Ld. Tribunal has wrongly granted 50% towards future prospects, whereas in the view of the dictum of Sarla Verma v. DTC and Ors. 2009 (6) SCC 121 which has been further affirmed by Full Bench Judgment of the Apex Court in case of Reshma Kumari & Ors. v. Madan Mohan & Ors. 2013 IV AD (S.C.) 516, keeping in view the age of the deceased as 42 years

at the time of accident, compensation towards future prospects should have been granted as 30%.

¶3Ld. Counsel appearing on behalf of the respondents / claimants does not disagree with the legal position as argued by the counsel for the appellant.

¶4In view of the above, I reduce the compensation towards future prospects from 50% to 30%. Accordingly, the compensation amount would be as under:- Income

: Rs.4000/- p.m. Future prospects 30% i.e. : Rs.1200/- Deduction 1/4th i.e.

: Rs.1300/-

Actual Income

: Rs. 3,900/- p.m. Annual income (3900x12) : Rs. 46,800/- Multiplier

:

Loss of dependency (3900x12x14)

: Rs.6,55,200/-

In view of above, the compensation amount is as under:- Loss of dependency

: Rs. 6,55, 200/- Loss of consortium

: Rs. 10,000/- Loss of love & affection : Rs. 60,000/- Funeral expenses

: Rs. 5,000/- Loss of estate

: Rs. 5,000/-

___________

Total Rs.7,35,200/-)

Accordingly, the compensation amount is reduced by Rs. 1,00,800/- (Rs.8,36,000-Rs.7,35,200).

¶5Vide order dated 04.08.2010, appellant was directed to deposit the entire award amount and further directed upon deposit, same shall be disbursed to the claimants in terms of the award passed by the Ld. Tribunal.

¶6Counsel for the respondents / claimants submitted that they have not received any amount till date and the same is lying with the Ld. Tribunal.

¶7He further submitted that Respondent no. 6 Roop Ram (father of the deceased) expired on 04.11.2010, which has been recorded in the order dated 25.01.2011 passed by this Court. Accordingly, amended memo of parties was filed by impleading legal heirs of respondent no. 6.

¶8I note, Ld. Tribunal has awarded Rs.10,000/- in favour of respondent no. 6 as compensation. Counsel for the claimants submits that since it is a meagre amount, it may be directed to be released in favour of Smt. Dani, Respondent no. 7, widow of respondent no. 6 Roop Ram and mother of the deceased.

¶9Accordingly, I direct the Ld. Tribunal to disburse the share of respondent no. 6 in favour of respondent no. 7, wife of respondent no.6.

¶10As informed, the cheques qua the compensation amount deposited by the appellant has become invalid. Therefore, the appellant is directed to issue fresh cheques with interest @ 7.5% per annum from the date of filing of the claim petition before the learned Tribunal till the date of realization of the amount.

¶11On receipt of the amount, Ld. Tribunal is directed to release the amount in favour of the respondents / claimants in terms of the order dated

04.08.2010 passed by this Court and order dated 15.04.2010 passed by the Ld. Tribunal.

¶12Instant appeal stands disposed of on the above terms.

¶13Statutory amount of Rs.25,000/- shall be released in favour of the appellant / insurance company.

SURESH KAIT, J MAY 23, 2013 jg

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 23rd May, 2013 + BAZAZ ALLIANZ GENERAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Rajat Brar, Adv. versus ROOPWATI & ORS. ..... Respondents Through: Mr. Amitabh Jha, Adv. for R1 to R7. CORAM: HON'BLE MR. JUSTICE SURESH KAIT