Sunita & Ors v. Ram Narain Yadav & Ors. (National Insurance Complay Ltd.)

O R D E R %

13.11.2024 CM APPL. 41207/2022

¶1The present Application under Section 5 of the Limitation Act, 1963 has been filed on behalf of the Appellants seeking condonation of 108 days' delay in filing the present Appeal.

¶2For the reasons and grounds stated in the Application, the Application is allowed. The delay of 108 days in filing the present Appeal is hereby condoned.

¶3Accordingly, the Application is disposed of. MAC.APP. 292/2022

¶4The present Appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed on behalf of the Appellants against the Award dated

02.12.2021 vide which a compensation in the sum of Rs. 43,44,000/- along The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. with interest, has been granted to the Claimants-Appellants on account of demise of Shri Ashok Kumar, Assistant Sub-Inspector (ASI) in Delhi Police, who died in the road accident on 28.11.2017. GROUNDS OF CHALLENGE ––

¶5The impugned Award has been challenged on two grounds:

(i) The deduction of ex gratia amount of Rs. 25,00,000/- that was sanctioned by the Delhi Government, on the demise of Shri Ashok Kumar, ASI.

(ii) That all the six dependents are entitled to Rs. 40,000/- each, as consortium. SUBMISSIONS OF RESPONDENT NO.3-INSURANCE COMPANY –

¶6Learned counsel for the Respondent No. 3-Insurance Company submits that the present Appeal may be decided in accordance with law.

¶7Submissions heard. GRANT OF EX-GRATIA

¶8The first ground of Challenge in the Appeal is that while the loss of income was calculated at Rs. 56,59,657.38/-, a sum of Rs. 25,00,000/- that was sanctioned as ex gratia amount to the family of the deceased-Shri Ashok Kumar, ASI, had been deducted on the ground that the deceased-Shri Ashok Kumar, ASI has not made any contribution throughout his life time and the same is liable to be deducted. However, vide Letter bearing No. F.1(58)/Relief/Ex-gratia/Martyr/2023/(CD No. 087741124)/496970 dated

22.02.2024, the Government of National Capital Territory of Delhi has withdrawn the ex gratia amount by observing that "the Group of Ministers noted that the death of the deceased occurred due to a road accident. Being a case of accident, the case is not eligible for grant of ex-gratia of Rs. 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. Crore. Therefore, the GoM recommended that the case of deceased is NOT covered under the provisions of relevant Cabinet Decisions for grant of ex-gratia of Rs. 1 Crore to his family". Vide Letter bearing No. 287-92/W-

(4)/Pension Cell (AC-2)/Welfare dated, Delhi 01.03.2024, the said decision of the GoM/Cabinet has been conveyed to the respondent No. 1-wife of deceased-Shri Ashok Kumar, ASI.

¶9Without going into the question of whether this ex gratia amount was rightly deducted, considering the Notification/Letter dated 22.02.2024, whereby the ex gratia amount of Rs. 25,00,000/- has been denied to the Claimants-Appellants, the said amount is hereby granted in addition to the loss of income in the sum of Rs. 31,59,657.38/-. The total compensation for Loss of Income is now calculated as Rs. 56,59,657.38/-. LOSS OF CONSORTIUM:

¶10There are admittedly six claimants, namely the wife, children, and the father. Though the father (Respondent No. 6) may not be technically a legal heir of deceased-Shri Ashok Kumar, ASI, but here what is being considered is the compensation to be granted towards the loss of consortium, which cannot be denied to the father. Considering the number of Claimants-Appellants, the loss of consortium is enhanced from total Rs. 40,000/- to Rs. 2, 40,000/- for the six Claimants. RELEIF:

¶11Accordingly, the Award dated 02.12.2021 is hereby modified/revised to the following extent: - S.No. Heads Award Amount

¶1Income of deceased (A) Rs. 63,095.40 (70,106-7,010.60 i.e., The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. 10% towards income tax)

¶2Add-Future Prospects (B) Rs. 9,464.31 (15%)

¶3Less-Personal expenses of deceased (C) Rs. 24,186.57 (1/3 being two dependents)

¶4Monthly loss of dependency {(A+B) – C = D} Rs. 72,559.71 – 24,186.57 = 48,373.14

¶5Annual loss of dependency (Dx12) Rs. 6,28,850.82 (13 months salary)

¶6Multiplier (E)

¶7Total loss of dependency (Dx12xE = F) Rs. 56,59,657.38 (including Rs. 25,00,000/- which was earlier deducted).

¶8Medical Expenses (G) Nil

¶9Compensation for loss of love and affection (H) Nil

¶10Compensation for loss of consortium (I) Rs. 40,000/- (each to all six dependents = Rs. 2,40,000/-)

¶11Compensation for loss of estate (J) Rs. 15,000/-

¶12Compensation towards funeral expenses (K) Rs. 15,000/-

¶13Total compensation (7+10+11+12) Rs. 59,29,657.38/-

¶14Rate of Interest awarded 9% per annum The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶12The Award is hereby modified and the Compensation amount is re-calculated as Rs. 59,29,657.38/- along with interest 9% p.a. from the date of Claim till disbursement, with all other terms of the Award being the same. The Respondent No. 3-Insurance Company is directed to deposit the aforesaid amount with the learned Tribunal within four weeks.

¶13The learned Tribunal shall release the award amount to the Claimants-Appellants in accordance with law.

¶14The present Appeal is disposed of in the above terms.

NEENA BANSAL KRISHNA, J NOVEMBER 13, 2024 S.Sharma The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 292/2022 SUNITA & ORS. .....Appellants Through: Mr. Pankaj gupta, Advocate. versus RAM NARAIN YADAV & ORS. (NATIONAL INSURANCE COMPLAY LTD.) .....Respondents Through: Ms. Rakhi Dubey & Mr. Thakur Nishant Kumar, Advocates for R- 3/Insurance Company. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA