Full Text
HIGH COURT OF DELHI
KATHIJA KHATOON & ORS .... Appellants
Through: Mr. Rajeev Sood, Advocate.
Mob. No. - 9811681788
Through: Mr. Sankar N. Sinha, Advocate for R-3 (through VC)
JUDGMENT
1. The present appeal has been filed under Section 173 of the Motor Vehicle Act, 1988 against the Award dated 04.09.2019 with the following prayers:- “(a) To admit the appeal and summon the original records of Judgment/ Final Award dated 04.09.2019 passed by Ms. Himani Malhotra, Ld.
PO MACT 02, West District, Tis Hazari courts, New Delhi in Petition No. 78028/2016 titled Khatija Khatoon & Ors Vs YFC Projects Pvt. Ltd. & Ors for enhancement of award. (b) To enhance the award amount.
(c) To award costs of the appeal in favour of the Appellant and against the respondents; and Any other order[s]relief[s] which the Hon’ble court deems fit and proper, in the facts and circumstances of the case be also passed in favour of Appellant and against the respondent.”
2. It is submitted by learned counsel appearing for the appellants that learned Tribunal has granted compensation on the lower side under the head of Loss of Consortium. It is further submitted that learned Tribunal has only awarded ₹ 40,000/- in total to all the claimants instead it should have granted ₹ 40,000/- each to all the claimants under the said head. In support of his contentions, he has relied upon the judgement of the Hon’ble Supreme Court in Magma General Insurance Co. Ltd. Vs. Nanu Ram @ Chuhru Ram & Ors,
3. On the contrary, it is submitted by learned counsel for the respondent no. 3/Insurance Company that there is no error in the Award dated 04.09.2019 passed by learned Tribunal and the compensation granted under the said heads are just and proper.
4. In the instant case, a bare perusal of the impugned Award dated 04.09.2019 shows that the learned Tribunal has dealt with each and every issue in great detail. The Hon'ble Supreme Court in National Insurance Co. Ltd. vs. Pranay Sethi & ors., 2017 (16) SCC 680 has observed as follows:
5. Moreover, it has come to the notice of this Court that compensation under the Head of Loss of Estate and the Head of Funeral Expenses has not been granted in the Award dated 04.09.2019. In view of the judgment passed by the Hon’ble Supreme Court in ‘National Insurance Co. Ltd. vs. Pranay Sethi & ors’., where the Apex Court has observed that quantification of conventional and traditional heads must have a reasonable foundation, as the court cannot remain oblivious to the changes in prices and interest rates, granted the compensation under the heads of Loss of Estate and Funeral Expenses. Therefore, this Court finds that the appellants are entitled and granted compensation for a sum of ₹ 16,500/- each under both heads i.e., the Loss of Estate and the Funeral Expenses.
6. In view of the above discussion, the impugned Award dated 04.09.2019 is modified to the following extent: Loss of Consortium:- ₹ 44000/- x 7 (claimants) = ₹ 3,08,000/-. Loss of Estate:- ₹ 16,500/-. Funeral Expenses:- ₹ 16,500/-.
7. The Tribunal shall re-compute the compensation amount after considering the above said modifications, thereafter the same shall be disbursed to the claimants as per the scheme of disbursal mentioned therein. Trial Court Record be sent back along with a copy of this order for compliance.
8. Accordingly, the appeal stands disposed of accompanying pending applications (if any) with above said modification.
9. The matter shall be listed before the concerned Tribunal on 11th April, 2023 for the purpose of re-computation of award amount and compliance of the directions issued herein.
RAJNISH BHATNAGAR, J MARCH 28, 2023