Full Text
HIGH COURT OF DELHI
Date of Decision: 13.12.2023
ORIENTAL INSURANCE CO LTD ..... Appellant
Through: Mr.R.K. Tripathi, Adv.
Through: Mr.Manish Baidwan, Adv. for R-1 to R-4.
JUDGMENT
1. This appeal has been filed challenging the Award dated 29.11.2019 (hereinafter referred to as the ‘Impugned Award’) passed by the learned Motor Accidents Claims Tribunal (North- West District), Rohini Courts, Delhi (hereinafter referred to as the ‘Tribunal’) in MACT Case No. 450469/2016, titled as Smt. Balbir Kumari & Ors. v. Harish Chand & Ors..
LOSS OF LOVE AND AFFECTION
2. The first challenge of the appellant to the Impugned Award is on the compensation awarded towards the head of loss of love and affection, in favour of claimants/respondent nos.[1] to 4 herein.
3. The learned Tribunal, by its Impugned Award, has awarded a sum of Rs.1,50,000/- in favour of respondent nos.[1] to 4 herein as compensation towards loss of love and affection.
4. The learned counsel for the appellant submits that in terms of the judgment of the Supreme Court in National Insurance Company Limited v. Pranay Sethi and Others, (2017) 16 SCC 680, the said compensation cannot be granted.
5. On the other hand, the learned counsel for respondent nos.[1] to 4 submits that the judgment in Pranay Sethi (Supra) does not grant compensation towards loss of love and affection in favour of the claimants. He submits that the compensation which has been granted by the learned Tribunal, therefore, deserves no interference.
6. I have considered the submissions made by the learned counsels for the parties.
7. In Pranay Sethi (Supra), on the issue of grant of compensation on non-conventional non-pecuniary heads, it has been inter alia held as under:-
8. In view of the above, the award of compensation on the head of love and affection in favour of respondent nos.[1] to 4 by the Impugned Award, cannot be sustained and is accordingly set aside.
INTEREST
9. The appellant also challenges the Impugned Award on the rate of interest on the compensation amount awarded in favour of respondent nos.[1] to 4.
10. The learned counsel for the appellant submits that by the Impugned Award, the learned Tribunal has directed payment of the compensation amount along with interest at the rate of 9% per annum. He submits that keeping in view the then prevailing rate of interest as notified by the Reserve Bank of India, the said amount is excessive and is liable to be reduced.
11. I do not find any merit in the above contention.
12. In the present case, the accident in question had taken place on 18.03.2009. In the accident, the respondent nos.[1] to 4 had lost their loved one. The Award itself was passed only on 29.11.2019, that is, after a period of almost 10 years. Even till today, the respondent nos.[1] to 4 have not received the full compensation that they are entitled to. Accordingly, I reject the above challenge of the appellant.
CONCLUSION AND DIRECTIONS
13. This Court by its interim order dated 13.01.2021, had directed the appellant to deposit the entire awarded amount with the learned Tribunal. It was further directed that out of the awarded amount, only 25% thereof, shall be released to the claimants in terms of the Award.
14. Now that the compensation amount has been reduced, out of the sum so deposited by the appellant, a sum of Rs.1,50,000/, along with proportionate interest accrued thereon, shall be released in favour of the appellant. The remaining amount shall be released in favour of respondent nos.[1] to 4 in terms of the Impugned Award.
15. The statutory amount deposited by the appellant shall be released to the appellant along with interest accrued thereon.
16. The appeal and the pending application are disposed of in the above terms.