Oriental Insurance Co Ltd v. Devi Dass & Ors

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

¶1The Appeal is for reduction of compensation of `1,00,000/- awarded for the death of Kailash, a young boy aged 22 years. The First Respondent Devi Dass who filed this Claim Petition is the uncle of the deceased. The First Respondent got the deceased's name entered in his ration card (Ex.PW-1/1) only on 29.08.2011, that is, after the accident and death on

06.12.2011. It was proved that the deceased was not residing with the First Respondent.

¶2Motor Accident Claims Tribunal (the Claims Tribunal) in the absence of any evidence with regard to Kailash's income took the minimum wages of an unskilled worker, applied the multiplier of 7 (as per the age of respondent No.1) and awarded a sum of `89,908/- towards loss to estate and `10,000/- as funeral expenses.

¶3It is borne out from the MLC as well as from the death certificate that deceased Kailash was a resident of House No.57, Gali No.4, Jyoti Nursing Home, Runga Puri, Delhi whereas the First Respondent was resident of House No.276, Gali No.6, Durga Puri, Delhi. The First Respondent tried to build up a case that deceased Kailash was staying with him as a member of his family. The Claimant was not financially dependent on the deceased and the deceased was not earning any sum which he would have saved for his uncle. The First Respondent of course was a legal representative of the deceased and was, therefore, entitled to the compensation of `50,000/- on no fault liability under Section 140 of the Motor Vehicles Act, 1988 (the Act). (Smt. Manjuri Bera v. The Oriental Insurance Company Ltd. & Anr., AIR 2007 SC 1474). The said compensation of `50,000/- shall be treated as loss to estate and funeral expenses.

¶4The compensation thus stands reduced to `50,000/- which shall carry interest @ 7.5% per annum from the date of filing of the Petition till its payment as granted by the Claims Tribunal.

¶5The compensation granted shall be released in favour of the First Respondent.

¶6The excess amount of `50,000/- along with proportionate interest shall be refunded to the Appellant Insurance Company.

¶7The statutory deposit of `25,000/- shall be refunded to the Appellant Insurance Company.

¶8The Appeal is allowed in above terms.

¶9Deficiency of `488/- in the Court fees shall be made up by the First Respondent.

¶10Pending Applications also stand disposed of.

(G.P. MITTAL) JUDGE NOVEMBER 05, 2012 vk

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 5th November, 2012 + ORIENTAL INSURANCE COMPANY LTD. ……... Appellant Through: Mr. Tarkeshwar Nath, Adv. with Mr. Saurabh Kumar Tuteja, Adv. versus DEVI DASS & ORS. ..... Respondents Through: Mr. R.S. Rai, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL