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Date of Decision: 25.11.2019
24672/2018 & CM APPL. 24673/2018 THE ORIENTAL INSURANCE CO LTD ..... Appellant
Through: Mr. Shoumik Mazumdar, Advocate.
Through: Ms. Shashi Bala Bansal, Advocate for
R-1 & R-2.
JUDGMENT
1. The learned counsel for the appellant states that no relief is sought against respondent no. 4.
2. The Court would note that almost two years have passed and the case has been listed 11 times only for the purpose of bringing on record the LRs of the deceased-Respondent no. 4. The application for bringing the said LRs on record was filed after 365 days. There is no explanation for the delay. Now, the learned counsel for the appellant submits that no relief is sought against respondent no. 4 and against his LRs.
3. Clearly, the appellant has misused the process of this Court. In the circumstance, costs of Rs. 1 lac is imposed on the appellant, which shall be expended towards plantation of trees in the Insaaf Bagh area of New Delhi’s 2019:DHC:6329 Central Ridge. The appellant shall appear before the DCF (South) on 23.12.2019 who shall indicate him the forest lands under his care, where the trees may be planted. The trees shall be of deciduous indigenous variety and they shall have a nursery age of three and a half years and shall have a minimum height of at least six feet. The appellant will take care of the trees for the next six months.
4. Depending upon the soil type and topography, the DCF may consider the following types of trees for plantation:-
(i) Gular (Cluster Fig) (ii) Kadamba (Burflower Tree)
(iii) Pilkhan (White Fig) (iv) Jaamun (Black Plum)
(v) Bargad (Banyan Tree) (vi) Mango
(vii) Amaltas (Golden Shower) (viii) Mahua (Butter Tree)
(ix) Putranjiva (x) Badh
(xi) Sagwan (Teak Wood) (xii) Safed Siris (Albizia Procera)
(xiii) Kala Siris (xiv) Anjeer
(xv) Kathal- Jackfruit (xvi) Palash
(xvii) Arni (xviii)Bistendu
(xix) Rohida (xx) Medshingi
(xxi) Palash/Tesu/Dhak
5. Compliance Report shall be filed by the appellant and the DCF concerned on or before the next date. Aerial photographs/videography of the plantation taken by drone mounted cameras shall be furnished both by the appellant as well as by the DCF concerned alongwith the Compliance Report.
6. List on 14.01.2020, for compliance.
7. On merits of the case, the learned counsel for the appellant impugns the award of compensation dated 22.08.2015 passed by the learned MACT in Suit No. 42/11 on the ground that 50% instead of 40% has been granted towards ‘loss of future prospects’.
8. The said argument is valid in terms of the dicta of the Supreme Court in National Insurance Co. Ltd. v. Pranay Sethi & Ors (2017) 16 SCC 680. Therefore, the compensation towards ‘loss of future prospects’ shall be awarded @40%. ‘Loss of dependency’ shall be: Rs.4,401/-(minimum wage) x 12 (months) x 18 (multiplier) x 66.66/100 (1/3rd deduction towards personal expenses)x140/100(future prospects)=Rs. 8,87,153/-.
9. The Court would note that each of the claimants i.e. parents would be entitled to compensation towards ‘loss of love and affection’ and ‘loss of consortium’ @ Rs. 50,000/- and @ Rs. 40,000/- respectively, in terms of the dicta of the Supreme Court in Magma General Insurance Co. Ltd. vs. Nanu Ram @ Chuhru Ram & Ors., 2018 SCC OnLine SC 1546. Additionally, compensation towards ‘Loss of Estate’ and ‘Funeral Expenses’ would also be payable @ Rs. 15,000/- under each of the heads in terms of the dicta of the Supreme Court in National Insurance Co. Ltd. vs. Pranay Sethi & Ors., (2017) 16 SCC 680.
10. The total payable amount to the claimants would be as under: S.No. Particulars Amount
1. Loss of dependency Rs. 8,87,153/-
2. Loss of Love and Affection Rs. 50,000 x 2 (claimants) Rs. 1,00,000/-
3. Loss of Consortium Rs. 40,000 x 2 (claimants) Rs. 80,000/-
4. Loss of Estate Rs. 15,000/-
5. Funeral Expenses Rs. 15,000/- TOTAL Rs. 10,97,153/- Less: amount awarded by learned Tribunal Rs. 10,90,550/- Enhanced amount Rs. 6,603/-
11. Let the aforesaid enhanced amount of Rs. 6,603/-, alongwith interest @ 9% from the date of filing of the claim petition till its realisation, be deposited before the learned Tribunal, within three weeks from the date of receipt of copy of this order, to be released to the beneficiaries of the Award, in terms of the scheme of disbursement specified therein.
12. The appeal is disposed-off in the above terms.
13. Since the appellant has partially succeeded in the appeal, the statutory amount, alongwith interest accrued thereon, be returned to the appellant.
NAJMI WAZIRI, J NOVEMBER 25, 2019 RW