Full Text
HIGH COURT OF DELHI
JUDGMENT
NEW INDIA ASSURANCE CO LTD. ..... Appellant Represented by: Mr. Kunal Rawat, Adv.
1. Instant appeal has been preferred against the impugned award dated 30.07.2010, whereby ld. Tribunal, while granting compensation in favour of the respondents / claimants, has deducted 1/4th towards the personal expenses.
2. Ld. Counsel appearing on behalf of the appellant argued that Veer Chand, father of the deceased, who appeared as PW[4] was working in Railway and earning Rs.11,000/- per month. This fact has been admitted by the father of the deceased in his cross-examination. Thus, he was not dependent upon the deceased. 2013:DHC:5604 MAC.APP. 778/2010
3. I note, ld. Tribunal has considered 4 dependents, i.e., wife, daughter and parents. Accordingly, deducted 1/4th towards personal expenses.
4. Ld. Counsel appearing on behalf of the respondents / claimants does not dispute the fact submitted by the counsel for the appellant. Therefore, I deduct 1/3rd instead of 1/4th towards personal expenses and accordingly, the compensation comes as under:
1. Loss of dependency Rs.3237.90x12x17: Rs.6,60,531.60/-
2. Loss of Love and Affection: Rs. 40,000/-
3. Loss of consortium: Rs. 10,000/-
4. Loss of Estate: Rs. 10,000/-
5. Funeral expenses: Rs. 25,000/- Total: Rs.7,45,531.60/- 5 Hence, the compensation amount comes to Rs.7,78,100 – Rs.7,45,531.60 = Rs.22,568.40/-
6. Accordingly, Instant appeal stands allowed on the above terms.
7. Consequently, the Registrar General of this court is directed to release the balance compensation amount in favour of the respondents / claimants on taking steps.
8. Statutory amount and excess amount, if any, be released in favour of the appellant.
SURESH KAIT, J OCTOBER 31, 2013 jg