Full Text
JUDGMENT
IFFCO TOKIO GENERAL INSURANCE COMPANY LTD ..... Appellant
Represented by: Ms. Suman Bagga, Adv.
1. The present appeal has been preferred against the impugned award dated 12.12.2012, whereby Ld. Tribunal has awarded compensation for an amount of Rs.2,48,100/- with interest @ 9% per annum from the date of filing the Claim Petition till realization of the amount.
2. Ms. Suman Bagga, Ld. Counsel appearing on behalf of the appellant submits that Ld. Tribunal has held that the claimants cannot be considered as dependents of the deceased and consequently they are only entitled to loss of estate. Despite the fact recorded by the Ld. Tribunal, an amount of Rs.2,18,050.56/- was granted towards loss of estate. 2014:DHC:1706 MAC. Appeal No. 246/2013
3. Ms. Bagga has fairly conceded that compensation amount may be increased towards funeral expenses and for loss of love and affection.
4. Mr. S.K. Vashishth, Ld. Counsel appearing on behalf of the respondents / claimants does not dispute the arguments advanced by the counsel for the appellant. Accordingly, an amount of Rs.50,000/- is granted towards no fault liability, Rs.1,00,000/- towards loss of love and affection and Rs.25,000/- towards funeral expenses.
5. Accordingly, the compensation amount is assessed as Rs.1,75,000/-.
6. Hence, an amount of Rs.73,100/- is reduced (Rs.2,48,100 – Rs. 1,75,000).
7. I note, vide order dated 15.03.2013, an amount of Rs.1,00,000- was directed to be released in favour of the respondents / claimants in terms of award dated 12.12.2012.
8. In view of above, statutory amount with excess amount with proportionate interest be released in favour of the appellant and the balance compensation amount be released in favour of the respondents / claimants on taking steps by them.
9. Accordingly, the appeal is partially allowed.
SURESH KAIT, J MARCH 27, 2014 jg