Kundan Singh & Ors. v. Satya Bhushan & Ors.

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the Reporter or not?

3. Whether judgment should be reported in Digest? JUDGMENT (ORAL): REVA KHETRAPAL, J. By way of this appeal, the appellant seeks to assail the award dated 07.10.1998 passed by the Motor Accident Claims Tribunal, New Delhi. 2011:DHC:409

2. The sole grievance of the appellants in the instant case is that no amount has been awarded by the learned Motor Accident Claims Tribunal towards non-pecuniary damages and funeral expenses to the legal representatives of the deceased, who died in a motor vehicular accident.

3. Mr. Pankaj Seth, the learned counsel for the respondent No.3/Insurance Company does not dispute the fact that the Tribunal has not awarded any non-pecuniary damages to the appellants. Accordingly, the non-pecuniary damages and funeral expenses are awarded as follows:

(i) A sum of ` 5,000/- towards loss of consortium,

(ii) A sum of ` 5,000/- towards loss of estate,

(iii) A sum of ` 5,000/- towards love and affection, and

(iv) A sum of ` 5,000/- towards funeral expenses.

4. Thus, in total, a sum of ` 20,000/- is awarded towards nonpecuniary damages and funeral expenses with interest at the rate of 7.5% per annum from the date of institution of the petition till realization. The Insurance Company shall pay the enhanced amount within four weeks from today. The enhanced amount shall enure to the benefit of the widow of the deceased and the widow of the deceased son in the ratio of 50: 50 each. The award is accordingly modified to the aforesaid extent.

5. The appeal stands disposed of.

REVA KHETRAPAL (JUDGE) January 24, 2011 km