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Date of Decision: 04.03.2020.
RADHA & ORS Appellants
Through: Mr. S.N. Parashar and Mr. Nishant Shokeen,Advocates.
Through: Ms. Archana Gaur, Advocate for insurance company.
CM APPL.8875/2020ffreshfaA-L:td.'A4:for early hearing)
JUDGMENT
1. This application seeks early hearing ofthe appeal.
2. Forthe reasons mentioned in the application,it is allowed.
3. The application stands disposed-off. MAC.APP.421/2018
4. Atjointrequest,the appeal is taken up for disposal.
5. This appeal impugns the award of compensation dated 31.07.2017 passed by thedeamed MACT in MACT No.34/16,inasmuch as it has not granted Toss offuture prospects' which would be payable to the appellants MAC.APP.No.421/2018 Page 1 of[4] ( 2020:DHC:3971 in terms ofthe dicta ofthe Supreme Courtin NationalInsurance Co.Ltd. vs. Pranay Sethi& Ors.,(2017)16 SCC 680.
6. The deceased being 37 years of age, therefore, an addition of 40% towards 'loss offuture prospects' ought to be granted to appellants. It is so granted. Additionally, it is contented that non-^pecuniary compensation was not granted towards 'loss of consortium' and 'loss of love and,affection', whereas in terms of the dicta of the Supreme Court in Magma General Insurance Co. Ltd. vs. Nanu Ram @ Chuhru Ram & Ors.,(2018)18 SCC 130, each of the claimants are entitled to Rs. 50,000/- and Rs. 40,000/towards 'loss of love and affection' and 'loss of consortium' respectively. It is so granted. Secondly,the amounts grantedtowards 'loss ofestate' and 'funeral expenses' are reduced from 25,0O()/Veach to 15,000/- each,in terms ofPranaySethi(supra).
7. A similar relief was granted by this;Court in NationalInsurance Co. Ltd. vs. Lokesh Verma & Ors., decided on 02.09.2019,relying upon the dicta oftjip Siipfed^ Courtin Magma(supra), wherein this Court had awarded'cdmpehsatibn towards 'loss of love and affection' and 'loss of consortium' @ Rs. 50,000/- and Rs. 40,000/respectively,to each ofthe claimants.In the,aforesaidjudgment,it was held as under: {i
10. The Court would note that in terms ofMagma GeneralInsurance Co. Ltd. v. Nanu Ram Alias Chuhru Ram & Ors., 2018 SCC OnLine SC 1546, each ofthe two claimants would be entitled to an award of compensation at the rate of Rs. 40,000/- and Rk 50,000/- towards „loss of consortium" and „loss of love and affection" respectively. The impugned order MAC.APP.No.421/2018 Page2of[4] has only awarded Rs. 40,000/- towards „loss of consortium same would have to he supplemented by another Rs. 40,000/- towards "loss ofconsortium"and Rs. 1,00,000/- towards "loss of love and affection" (Rs. 50,000/-x[2])."
8. SLP(Civil)No(s).25316-25317/2019,againstthe aforesaid order was dismissed by the Supreme Court on 24.10.2019.
9. Accordingly,the amounts payable shall be as under: S.No. Particulars Amount
1. Loss of dependency [Rs. 9,718/- (minimum wages)x12(months)x15(multipiier)x75/100(1/4^'^ deduction towartls/,, personal expenses)x140/100(40%.towards loss of future prospects)] Rs. 17,34,642/-
2. Loss oflove and affection;; [Rs.50,000 X4(claimants)] •.. Rs. 2,00,000/-
3. ■ Loss ofconsortium ■;: v - y/' [Rs. 40,000 X 4;(clairnahfs)); ■ ^; Rs. 1,60,000/-
4. Loss of Estate;.-. Tr^y Rs. 15,000/-
5. Funeral Expenses Rs. 15,000/- TOTAL Rs. 21,24,642/- Less Rs. 14,89,030/- (amount awarded by learned Tribunal) Rs. 6,35,612/-
10. The aforesaid amounts, alongwith interest accrued thereon @ 9% per annum from the date of filing of the claim petition till its realization, be deposited before the learned Tribunal within three weeks from the date of MAC.APP. No.421/2018 n receipt of copy of this order, to be released to the beneficiay(ies) of the Award in terms ofthe scheme ofdisbursement as specified therein.
11. The appeal is disposed-offin terms ofthe above.
12. A copy of this order be given dasti to the learned counsel for the parties underthe signature ofthe Court Master.
MARCH 04,2020 AB NAJMI W^IRI,J • i, MAC.APP.No.421/2018 Page 4of[4]